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CHARTER 


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CITY  OF  ST.  PAUL 


PUBLISHED   BY  AUTHORITY  OF  THE  COMMON  COUNCIL 


FOURTH  EDITION 


V 


IIEVIEW     miHLISHING     CX) 
ST.     PAUL,     MINN. 

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CONTENTS. 


1 


H^ 


Chapter. 

I. 

IT. 
III. 
IV. 

V. 


VI. 


vn. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 


XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXT. 

XXII. 

XXIII. 


Page. 

Cit\-    and    Ward    Roundarit-s 5 

Elections,   Terms    of   Office,    Etc 9 

City   Officers — Powers  and  Diities ]  1 

Common    Council — Powers    and    Duties 15 

Financial   Department, 

Title    1 — The   Public   Accounts :!1 

Title   :l — The    Public   Expenditures  . ."54 

Title   :! — The   Public   Revenues ;i9 

Title  4 — The  Public   Funded  Debt 41 

Title   5 — Tax   Levy    Certificates 4:; 

Title  6 — Custody  of  Public  INIoneys  and  Securities 4(1 

Title   7 — The   Conference   Committee 48 

Department  of  Public  Works, 

Title   ]— Board   of   Public   Works ,54 

Title  2 — Commissioner  of  Public  Works 55 

Title  3 — Local  Improvements  and  Special  Assessments 56 

Title    4 — Sewerage    SI 

Title   5— Street    Grades 8:> 

Title   6 — Street   Sprinkling 8;-) 

Title    7 — Excavations    in    Streets 88 

Police     Department 90 

Fire     Department 90 

Water     Department 99 

Health     Department 109 

The   Free   Public  Schools 117 

The    Public    Library " 125 

Public  Parks  and  Parkways, 

Title  1 — Board  of  Park  Commissioners 127 

Title  2 — The  Care  of  Street   Lawns 137 

Title  3— The  Planting  ,.f  Shade  Trees 138 

Building     Regulations 139 

Contracts   and   Contractors'   Bonds 140 

Salaries,  Fees  and  Reports  of  City  Officers 143 

Assessment  of   Property   for   Ck'ncral   Taxation 14f) 

The    Plat    C(  immission 1 49 

Justices  of  the   Peace  and  Constables 152 

The    Municipal    Court 154 

Tlu-    Work    House ]r,5 

Alms    House  and   City   Hospital 169 

Miscellaneous    and    Supplementary 172 


VOTE. 


Required     by     the     charter     for     the     passage     of     certain     matters     by     the 

Common     Council. 


Section.    Page. 

Appropriations  of  money,  2-:>  vote -^5  16 

Board  of  public  works,  removal  of  members,  2-'.]  vote 23!)  58 

Bridges,    tunnels    and    viaducts,    to    authorize    when    same    do    not 

conform  to  established  grade,  3-4  vote US  2G 

Certificates  of  indebtedness  to  authorize,  2-3  vote ll'l  43 

Certificates  of  indebtedness,  purchase  of  for  annual  funds,  3-4  vote.  198  40 

Conference  committees  report,  adoption  of,  2-3  vote 166  35 

Contracts,   approval   of,  2-3   vote 315  80 

Damage  claims,  compromise  of,  3-4  vote 143  30 

Fire  department  expenditures,  approval  of,  2-3  vote 385  96 

Firemen  or  fire  companies,  increase  in  number.  2-3  vote 388  98 

Franchise  in  streets,  etc.,  granting  of,  3-4  vote: 124  28 

Health  department  fund,  increase  when  epidemics  threaten,  3-4  vote  167  35 
Local    improvements,    modifications    in    owing    to    unforseen    ob- 
stacles,   2-3    vote 294  73 

Local  improvements,  ordering  of,  2-3  vote 238  57 

Majority  vote  required  except  when  otherwise  provided 45  16 

Municipal  court,  removal   of  clerk,  2-3  vote 608  156 

Real  estate,  to  lease,  purchase  or  sell,  3-4  vote 122  27 

Removal  of  officers,  2-3   vote IS  11 

School   buildings,  to  authorize,  3-4  vote 167  3& 

School  sites  to  order  purchase  of  and.    erectif)n   of   new   buildings, 

3-4    vote 475  no 

Sewers,  to  order  for  preservation  of  public  health.  2-3  vote 322  81 

Special  counsel  for  corporation  attorney,  4-5  vote 29  12 

Special  elections,  to  order,  2-.'!  vote 14  lo 

Sprinkling,  to  order,  3-4  vote 342  86 

Sprinkling  contracts,  approval  of,  2-3  vote 340  85 

Street  grades,  to  alter,  2-3  vote 395  S2 

Vacation  of  streets,  etc.,  3-4  vote 117  25 

Veto  of  mayor,  to  pass  over,  2-3  vote 41;  ifi 

Veto  of  mayor,  to  pass  over,  when  required  original   vote   was  2-3 

or   more.  4-5   vote 4(;  lo 

Water  mains,  to  authorize  laying  of  without  petition  2-3   vote....  427  107 


CHARTER 


OF     THE 


CITY    OF    ST.    PAUL 

AS    ADOPTKIJ     IX     lOOO 
AND   AMENDED   IN    1904-1906-19O8-191O. 


CHAPTER     1. 

Name  and  City  and   Ward    Boundaries. 

1.  Corporate  name — Powers — Limitations. — Section  1.  All  the  district 
of  country  in  the  County  of  Ramsc}'  and  State  of  Minnesota  contained  within 
the  limits  and  boundaries  hereinafter  described  shall  be  a  city  by  the  name  of 
Saint  Paul  and  the  people  now  inhabiting,  and  those  who  shall  hereafter  in- 
habit, within  the  district  of  country  herein  described  shall  be  a  municipal 
corporation  by  the  name  of  the  "City  of  Saint  Paul,"  and  by  that  name  shall 
sue  and  be  sued;  complain  and  defend  in  any  court;  make  and  use  a  common 
seal  and  alter  it  at  pleasure;  and  take,  hold  and  purchase,  lease  and  convey 
such  real  and  personal  or  mixed  estate  as  the  purposes  of  the  corporation 
may  require,  within  or  without  the  limits  aforesaid;  shall  be  capable  of  con- 
tracting and  being  contracted  with;  and  in  addition  to  the  powers  hereinbe- 
fore enumerated  shall  also  possess  the  powers  hereinafter  specilicallj^  grant- 
ed; and  in  addition  thereto  shall  have  such  powers  possessed  by  municipal 
corporations  at  common  law  as  are  not  in  conflict  therewith  or  with  the 
general  statutes  of  the  State  of  Minnesota,  and  the  authorities  thereof  shall 
have  perpetual  succession. 

2.  City  boundaries. — Sec.  2.  The  district  of  country  aforesaid,  constitut- 
ing the  "City  of  Saint  Paul,"  and  the  said  limits  and  boundaries  theif.eof  shall 
be  as  follows:  c 

Beginning  at  the  northeast  corner  of  section  twenty-three,  township 
twenty-nine  north,  range  twenty-two  west  (Sec.  23,  T.  29  N.,  R.  22  W.)  of  the 
Fourth  Principal  Meridian,  thence  west  seven  and  one-half  (IVj)  miles  to 
the  northwest  corner  of  the  northeast  quarter  of  section  tweiity-two.  town- 
ship twenty-nine  north,  range  twenty-three  west  (N.  E.  %  Sec.  23,  T.  29  N., 
R.  23  W.);  thence  south  one-quarter  (J4)  mile  to  the  northeast  corner  of  the" 
southeast  quarter  of  the  northwest  quarter  of  section  twenty-two  (S.  E.  ^ 
N.  W.  %  Sec.  22);  thence  west  one-half  (]/>)  mile  to  the  northwest  corner  of 
the  southwest  quarter  of  the  northwest  quarter  of  said  section  twenty-two  (S. 
W.  ]4  N.  W.  y^  Sec.  22);  thence  south  three-quarters  (}i)  mile  to  the  north- 
west corner  of  section  twenty-seven  (27);  thence  west  one  (1)  mile  to  the 
northeast  corner  of  section  twenty-nine  (29);  thence  north  three-quarters 
(^)  mile  to  the  northeast  corner  of  the  southeast  quarter  of  the  northeast 
quarter  of  section  twenty  (S.  E.  J4  ^^-  E.  ]4  Sec.  20);  thence  west  one  (1) 
mile  to  the  northwest  corner  of  the  southwest  (luarter  of  the  northwest  quar- 
ter of  said  section  twenty  (S.  W.  ]4  N.  W.  )4  S'ec.  20);  thence  south  about 
two   and    one-half    (25/)    miles   along   the   township   line   to    the    center   of   the 


6  CHARTER  O]'"  CITY  OF  ST.  PAUL. 

westerly  channel  of  the  Mississippi  river;  thence  southerly  along  said  chan- 
nel to  the  west  of  all  islands  on  this  course,  about  three  (3)  miles,  to  the 
mouth  of  Minnehaha  creek;  thence  easterly  along  the  center  of  said  river 
channel  and  south  of  Pike's  island  to  the  easterly  end  thereof;  thence  north- 
easterly along  the  middle  of  the  main  channel  of  the  Mississippi  river  about 
two  (2)  miles  to  the  north  line  of  section  fourteen,  township  twenty-eight 
north,  range  twenty-three  west  (Sec.  14,  T.  28,  N.,  R.  23  W.);  thence  east 
about  one  and  five-eighths  (1-}^)  miles  to  the  southeast  corner  of  the  south- 
west quarter  of  section  seven,  township  twenty-eight  north,  range  twenty- 
two  west  (S.  W.  %  Sec.  7,  T.  28,  N.,  R.  22  W.);  thence  north  one-quarter  (H) 
mile  to  the  southeast  corner  of  the  northeast  quarter  of  the  southwest  quar- 
ter of  section  seven  (N.  E.  J4  S.  W.  K  Sec.  7);  thence  east  one-quarter  (14) 
mile  to  the  southwest  corner  of  the  northeast  quarter  of  the  southeast  quar- 
ter of  said  section  seven  (N.  E.  Ya  S.  E.  Ya  Sec.  7) ;  thence  south  one-quarter 
(^)  mile  to  the  southwest  corner  of  the  southeast  quarter  of  the  southeast 
quarter  of  said  section  seven  (S.  E.  Ya  S.  E.  Ya  Sec.  7);  thence  east  about  two 
(2)  miles  to  the  middle  of  the  main  channel  of  the  Mississippi  river  thence 
southeasterly  about  two  and  one-half  (2>4)  m'iles  along  the  middle  of  said 
channel  to  the  south  line  of  said  section  twenty-three,  township  twenty- 
eight  north,  range  twenty-two  west  (Sec.  23,  T.  28  N.,  R.  22  W.);  thence  east 
about  three-quarters  {Ya)  mile  to  the  southeast  corner  of  said  section  twenty- 
three  (23)  thence  north  seven  (7)  miles  to  the  point  of  beginning. 

3.  Ward  boundaries — Council  cannot  change. — Sec.  3.  The  said  city  of 
Saint  Paul  shall  be  and  is  hereby  divided  into  eleven  (11)  wards,  to  be  called 
the  First  (1st),  Second  (2d),  Third  (3d),  Fourth  (4th),  Fifth  (5th),  Sixth 
(6th),  Seventh  (7th),  Eighth  (8th),  Ninth  (9th),  Tentli  (10th)  and  Eleventli 
(11th)   wards,  limited  and  bounded  as  follows: 

All  that  portion  of  said  city  lying  to  the  eastward  of  the  St.  Paul  &  Du- 
luth  railroad  track,  from  the  northern  boundary  of  the  city  to  the  intersection 
of  said  track  with  Brook  street,  and  east  of  the  center  line  of  Brook  street 
and  Brook  street  extended  from  such  point  of  intersection  to  the  Mississippi 
river  and  east  of  the  Mississippi  river  from  said  Brook  street  produced  to  the 
south  boundary  line  of  the  city,  shall  be  the  Second  (2d)  ward. 

All  that  portion  of  said  city  lying  south  of  the  center  line  of  the  Mis- 
sissippi river  shall  be  the  S'ixth   (6th)  ward. 

The  Eighth  (8th)  ward  shall  be  bounded  as  follows: 

Commencing  at  the  northeast  corner  of  section  numbered  twenty-two 
(22),  in  township  numbered  twenty-nine  (29),  range  twenty-three  (23);  thence 
south  to  the  center  line  of  Carroll  street;  thence  east  on  center  line  of  Carroll 
street  to  center  line  of  Farrington  avenue;  thence  south  on  center  line  of 
Farrington  avenue  to  the  center  line  of'Marshall  avenue;  thence  east  on  center 
line  of  Marshall-  avenue  to  center  line  of  Louis  street;  thence  south  on 
center  liTje  of  Louis  street  to  center  line  of  Nelson  avenue;  thence  east  on 
center  line  of  Nelson  aveilue  to  center  line  of  Summit  avenue;  thence  north- 
easterly on  center  line  of  Summit  avenue  to  center  line  of  Rice  street; 
thence  northerly  along  center  line  of  Rice  street  to  the  northern  boundary 
of  the  eitj';  thence  west  along  the  northern  boundary  of  the  city  to  the  place 
of  beginning. 

The   Seventh   (7th)   ward  shall   be  bounded  as, follows: 

Commencing  at  point  of  intersection  of  center  line  of  '  West  Third 
street  with  center  line  of  College  avenue;  thence  southwesterly  through  the 
center  of  blocks  numbered  respectively  sixty-four  (64)  and  seventy  (70)  of 
Dayton  and  Irvine's  addition  to  the  center  line  of  Irvine,  avenue  at  its  point 
of  intersection  with  center  line  of  Walnut  street  thence  southwesterly  along 
center  line  of  Irvine  avenue  to  the  center  line  of  W^estern  avenue; 
thence,  south  along  the  center  line  of  Western  avenue  to  center  line  of 
Pleasant  avenue;  thence  southwesterly  along  center  line  of  Pleasant 
avenue  to  the  center  line  of  St.  Clair  street;  thence  west  along  the 
center  line  of  St.  Clair  street  and  St.  Clair  street  extended,  in  a 
straight  line  to  the  southwest  corner  of  the  southwest  quarter  (Ya)  of  section 
three   (3),   in  township   numbered   twcnty-eiglit   (28),   range'  twenty-three    (23), 


CITY  AXD  WARD   BOUNDARIES.  7 

thence  north  in  a  straight  line  to  the  center  line  of  Marshall  avenue;  thence 
easterly  along  center  line  of  Marshall  avenue  to  center  line  of  Lexington 
avenue;  thence  north  along  center  line  of  Lexington  avenue  to  center  of 
Carroll  street;  thence  easterly  aong  southerly  boundary  of  Eighth  (8th) 
ward,  as  herein  described,  to  center  line  of  Summit  avenue;  thence  south- 
westerly along  center  line  of  Summit  avenue  to  center  line  of  West  Third 
street;  thence  southeasterly  along  center  line  of  West  Third  street  to  place 
of  beginning. 

The  Fifth  (5th)  ward  shall  be  bounded  on  the  east  by  the  following  line: 

Commencing  at  the  intersection  of  the  center  line  of  West  Third  (3d) 
street  with  the  center  line  of  College  avenue;  thence  southeasterly  along 
center  line  of  West  Third  (3d)  street  to  center  line  of  Eagle  street;  thence 
southeasterly  along  center  line  of  Eagle  street  to  the  Mississippi  river;  on 
the  north  by  the  Seventh  (7th)  ward;  on  the  south  by  the  Mississippi  river; 
and  on  the  west  by  a  line  commencing  at  the  southwest  corner  of  Seventh 
(7th)  ward,  as  herein  described,  and  running  thence  south  to  the  Missis- 
sippi river. 

The  Ninth   (!)th)  ward  shall  be  bounded  as  follows: 

On  the  north  by  the  northern  boundary  of  the  city;  on  the  cast  by  the 
center  line  of  Mississippi  street  and  Mississippi  street  extended  in  a  straight 
line  to  the  northern  boundary  of  the  city;  on  the  west  by  the  center  line 
of  Rice  street,  and  on  the  south  by  a  line  which  commences  at  a  point  of 
intersection  of  center  line  of  Rice  street  with  center  line  of  Summit  avenue, 
and  runs  thence  northeasterly  along  said  center  line  of  Summit  avenue  to 
the  center  line  of  Wabasha  street  thence  northwesterly  along  center  line 
of  Wabasha  street  to  center  line  of  East  Summit  avenue  thence  northeast- 
erly along  said  center  line  of  .East  Summit  avenue  to  center  line  of  Robert 
street  thence  northwesterly  along  said  center  line  of  Robert  street  to  cen- 
ter line  of  Thirteenth  (13th)  street;  thence  northeasterly  along  said  center 
line  of  Thirteenth  (13th)  street  to  center  line  of  Jackson  street;  thence  south- 
easterly along  said  center  line  of  Jackson  street  to  center  line  of  Grove 
street;  thence  easterly  along  said  center  line  of  Grove  street  to  its  point  of 
intersection  with  the  center  lines  of  Broadway  and  Mississippi  streets. 

The  Fourth  (4th)  ward  shall  be  bounded  as  follows: 

On  the  east  by  the  center  line  of  Jackson  street,  on  the  north  bj'  the 
Eighth  (8th)  and  Ninth  (9th)  wards,  on  the  west  by  the  Seventh  (7th)  and 
Fifth  (5th)  wards,  and  on  the  south  by  the  Mississippi  river. 

The  First  (1st)  ward  shall  be  bounded  as  follows: 

On  the  north  by  the  northern  boundary  of  the  city,  on  the  cast  by  the 
Second  (2d)  ward,  on  the  west  by  .the  Ninth  C.ith)  ward,  and  on  the  south 
by  the  center  line  of  Grove  street. 

The  Third  (3d)  ward  shall  be  bounded  as  follows: 

On  the  north  by  the  First  (1st)  and  Ninth  (9th)  wards,  on  the  cast  by 
the  Second  (2d)  ward,  on  the  south  by  the  Miississippi  river,  and  on  the 
west  by  the  center  line  of  Jackson  street. 

The  Tenth  (10th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Eighth  (8th)  ward  as  herein  described  and  north  of  the 
center  line  of  University  avenue. 

The  Eleventh  (nth)  ward  shall  be  all  that  ijorlion  of  the  City  of  St.  Paul 
lying  west  of  the  Fifth  (5th)  and  Seventh  (7th)  wards,  as  herein  described, 
and  south  of  the  center  line  of  University  avenue. 

The  common  council  shall  not  have  authority  to  change  the  boundary 
lines  of  said  wards. 

Adopted  at  General    l{loction   November  nth.   190(;. 

AMENDMENT  NO.  1. 

To  amend  Section  three  of  Chapter  one  of  said  charter  so  as  to  read  as 
follows: 

"Sec.  3.  The  said  Citj'  of  Saint  Paul  siiall  he  and  is  hereby  divided  into 
twelve    (ir?)    wards    to    be    called   the    h'irst    (,1st).    Second    (:2nd),"  Third    (3rd), 


8  CHARTER  OF  CITY  OF  ST.  PAUL. 

Fourth  (4th),  Fifth  (5th),  Sixth  (Gth),  Seventh  (7th),  Eighth  (8th),  Ninth 
(9th),  Tenth  (10th),  Eleventh  (11th)  and  Twelfth  (12th)  wards,  respectively, 
limited  and  bounded  as  follow^s: 

"All  that  portion  of  said  city  lying  to  the  eastward  of  the  St.  Paul  &  Du- 
luth  railroad  track,  from  the  northern  boundary  of  the  city  to  the  intersection 
of  said  track  with  Brook  street  and,  east  of  the  center  line  of  Brook  street  and 
Brook  street  extended  from  such  point  of  intersection  to  the  Mississippi  river 
and  east  of  the  Mississippi  river  from  said  Brook  street  produced  to  the  snuth 
boundary  line  of  the  city,  shall  be  the  Second  (2nd)   ward. 

"All  that  portion  of  said  city  lying  south  of  the  center  line  of  the  Mis- 
sissippi river  shall  be  the  Sixth   ((ith)  ward. 

"The  Twelfth  (12th)  ward  shall  be  bounded  as  follows:  Commencing  at 
the  northeast  corner  of  Section  numbered  twenty-two  (22)  in  Township  num- 
bered twenty-nine  (29),  Range .  twenty-three  (23);  thence  running  south  to 
the  center  line  of  Carroll  street;  thence  east  on  the  center  line  of  Carroll 
street  to  the  center  line  of  Dale  street;  thnce  north  on  the  center  line  of  Dale 
street  to  the  northerly  boundary  line  of  said  city;  thence  west  on  the  northern 
boundary  line  of  the  city  to  the  place  of  beginning. 

"The  Eighth  (Sth)  ward  shall  be  bounded  as  follows:  Commencing  where 
the  center  line  of  Dale  street  intersects  the  north  boundary  line  of  the  city; 
thence  southerly  along  the  center  line  of  Dale  street  to  the  center  line  of 
Carroll  street  thence  east  along  the  center  line  of  Carroll  street  to  the  center 
line  of  Farrington  avenue;  thence  south  on  the  center  line  of  Farrington  ave- 
nue to  the  center  line  of  Marshall  avenue;  thence  east  on  the  center  line  of 
Marshall  avenue  to  the  center  line  of  Louis  street;  thence  south  on  the  center 
line  of  Louis  street  to  the  center  line  of  Nelson  avenue;  thence  east  on  the 
center  line  of  Nelson  avenue  to  the  center  line  of  Summit  avenue;  thence 
northeasterly  on  the  center  line  of  Summit  avenue  to  the  center  line  of 
Rice  street;  thence  northerly  along  the  center  line  of  Rice  street  to  the  north- 
ern boundary  of  the  city;  thence  west  along  the  northern  boundary  line  of  the 
city  to  the  place  of  beginning. 

"The  Seventh  (7th)  ward  shall  be  bounded  as  follows:  Commencing  at 
a  point  of  intersection  of  center  line  of  West  Third  street  with  center  line  of 
College  avenue;  thence  southwesterly  through  the  center  of  Blocks  numbered 
respectivel}^  Sixty-four  (64)  and  Seventy  (70)  of  Dayton  &  Irvine's  Addition, 
to  the  center  line  of  Irvine  avenue  at  its  point  of  intersection  with  center  line 
of  Walnut  street;  thence  southwesterly  along  center  line  of  Irvine  avenue  to 
the  center  line  of  Western  avenue;  thence  south  along  the  center  line  of  West- 
ern avenue  to  center  line  of  Pleasant  avenue;  thence  southwesterly  along  center 
line  of  Pleasant  avenue  to  the  center  line  of  St.  Clair  street;  thence  west  along 
the  center  line  of"  St.  Clair  street  and  St.  Clair  street  extended,  in  a  straight 
line  to  the  southwest  corner  of  the  Southwest  Quarter  (%)  of  Secfion  Three 
(3),  in  Township  numbered  Twenty-eight  (28),  Range  Twenty-three  (23); 
thence  north  in  a  straight  line  to  the  center  line  of  Marshall  avenue;  thence 
easterly  along  center  line  of  Marshall  avenue  to  center  line  of  Lexington 
avenue;  thence  north  along  center  line  of  Lexington  avenue  to  center  line  of 
Carroll  street;  thence  easterly  along  southern  boundaries  of  the  Twelfth 
(12th)  ward  and  of  the  Eighth  (Sth)  ward,  as  herein  described,  to  center  line 
of  Summit  avenue  thence  southwesterly  along  center  line  of  Summit  avenue 
to  center  line  of  West  Third  street;  thence  southeasterlj'  along  center  line 
of  W^est  Third  street  to  place  of  beginning. 

The  Fifth  (5th)  ward  shall  be  bounded  on  the  east  by  the  following, 
line:  Commencing  at  the  intersection  of  the  center  line  of  Wes*-  Third 
street  with  the  center  line  of  College  avenue;  thence  southeasterly  along  center 
line  of  West  Third  street  to  center  line  of  Eagle  street;  thence  southeasterly 
along  center  line  of  Eagle  street  to  the  Mississippi  river;  on  the  north  by  the 
Seventh  (7th)  ward;  on  the  south  by  the  Mississippi  river;  and  on  the  west 
by  a  line  commencing  at  the  southwest  corner  of  Seventh  (Ttli)  ward,  as 
herein  described,  and  running  thence  south  to  the  Mississippi  river. 

"The  Ninth  (9th)  ward  shall  be  bounded  as  follows:  On  the  north  by 
the  northern  boundary  of  the  city;  on  the  east  by  the  center  line  of  Mississippi 
street  and  Mississippi  street  extended  in  a  straight  line  to  the  northern  bound- 


ELECTIONS,  TERMS  OF  OFFICE,  ETC.  9 

ary  of  the  city  on  the  west  by  the  center  line  of  Rice  street,  and  oji  the 
south  by  a  line  which  commences  at  a  point  of  intersection  of  center  line  of 
Rice  street  with  center  line  of  Summit  avenue,  and  runs  thence  northeasterly 
along  said  center  line  of  Summit  avenue  to  the  center  line  of  Wabasha  street; 
tnence  northwesterl}'  alontr  center  line  of  Wabasha  street  to  center  line  of 
East  Summit  avenue;  thence  northeasterly  along  said  center  line  of  East  Sum- 
mit avenue  to  center  line  of  Robert  street;  thence  northwesterly  along  said 
center  line  of  Robert  street  to  center  line  of  Thirteenth  (13th)  street;  thence 
northeasterly  along  said  center  line  of  Thirteenth  street  to  center  line  of 
Jackson  street;  thence  southeasterly  along  said  center  line  of  Jackson  street 
to  center  line  of  Grove  street;  thence  easterly  along  said  center  line  of  Grove 
street  to  its  point  of  intersection  with  the  center  lines  of  Broadway  and  Mis- 
sissippi streets. 

"The  Fourth  (4th)  ward  shall  be  bounded  as  follows:  On  the  east  by 
the  center  line  of  Jackson  street;  on  the  north  b}'  the  Eighth  (8th)  and  Ninth 
(iith)  wards;  on  the  west  by  the  Seventh  (Tth)  and  Fifth  (5th)  "wards,  and  on 
the  south  by  the  Mississippi  river. 

"The  First  (1st)  ward  shall  be  bounded  as  follows:  On  the  north  by 
the  northern  boundary  of  the  city;  on  the  east  by  the  Second  (2nd)  ward;  on 
the  west  by  the  Ninth  (9th)  ward,  and  on  the  south  by  the  center  line  of 
Grove  street. 

"The  Third  (3rd)  ward  shall  be  .bounded  as  follows:  On  the  north  by 
the  First  (1st)  ward  and  Ninth  (9th)  ward;  on  the  east  by  the  Second  (2nd) 
ward;  on  the  south  bj^  the  Mississippi  river,  and  on  the  west  by  the  center  line 
of  Jackson  street. 

"The  Tenth  (10th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Twelfth  ward,  as  herein  described,  and  north  of  the  center 
line  of  University  avenue. 

"The  Eleventh  (11th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Fifth  (5th),  Seventh  (7th)  and  Twelfth  (12th)  wards,  as 
herein  described,  and  south   of  the  center  line  of  University  aveime. 

"The  Common  Council  shall  not  have  authority  to  change  the  boundary 
lines  of  said  wards.'" 

CHAPTER    11. 

Elections,    Terms    of   Office,    Vacancies  and    Removals. 

4.  City  elections — When  held. — Section  1.  The  general  city  election 
shall  be  held  on  the  hrst  I'uesday  in  May,  in  the  year  190:2,  and  biennially 
thereafter  on  the  first  Tuesday  in  May. 

5.  Officers  to  be  elected.  Sec.  2.  At  each  general  city  election  there 
shall  be  elected  a  mayor,  a  city  treasurer,  a  city  comptroller,  four  justices  of 
the  peace,  three  constables  and  a  common  council  consisting  of  two  bodies, 
one  to  be  known  as  the  assembly,  composed  of  nine  members,  and  the  other 
to  be  known  as  the  board  of  aldermen,  composed  of  as  many  members  as 
there   now  are  or  hereafter  may  be  wards  in  said  city. 

6.  Official  year — Term. — Sec.  3.  The  official  year  for  the  said  City  of 
St.  Paul  shall  begin  on  the  first  Tuesday  in  June,  and  the  term  of  the  oflice 
of  the  mayor,  citj^  treasurer,  city  comptroller,  justices  of  the  peace,  constables 
and  members  of  the  assembly  and  board  of  aldermen  shall  be  two  3'cars  from 
and  after  the  first  Tuesday  of  June  next  succeeding  their  election  and  until 
their  successors  shall  have  been  elected  and  qualified. 

7.  Municipal  judges — Eelecticn — Term. — Sec.  4.  There  shall  also  be 
elected  at  the  general  city  election  to  be  held  on  the  first  Tuesdaj'-  of  May  in 
the  year  1902,  and  at  the  general  citj'  election  held  each  four  j'cars  there- 
after, two  judges  of  the  municipal  court  of  said  city  The  term  of  office  of 
said  judges  shall  be  four  years  from  and  after  the  first  Tuesdaj'  of  June  next 
succeeding  iheir  election  and  until  llieir  re-^pectix-e  sucoe<-"r>-  -h-'l'  |ii\'-  Ivm-u 
elected  and  ([ualificd. 


10  CHARTER  OF  CITY  OF  ST.  PAUL. 

8.  Officers — How  elected. — Sec.  5.  The  mayor,  city  treasurer,  city  comp- 
troller, members  of  tlie  assembly,  judges  of  the  municipal  court,  two  justices 
of  the  peace  and  two  constables- shall  be  elected  at  large  by  and  from  the 
body  of  electors  of  said  city,  and  one  alderman  shall  be  elected  by  and  from 
the  electors  of  each  ward  of  said  city,  respectively.  One  justice  of  the  peace 
and  one  constable  shall  be  elected  by  and  from  the  electors  of  the  Sixth 
ward  of  said  city.  One  justice  of  the.  peace  shall  be  elected  by  and  from 
the  electors  of  the  Tenth  and  Eleventh  wards  of  said  city. 

9.  Members  of  council — Qualifications, — Sec.  6.  Every  alderman  at  the 
time  of  his  ckction  shall  be.  and  during  his  term  of  office  shall  remain  a  qual- 
ified elector  and  resident  of  the  ward  by  which  he  was  elected,  and  no  alder- 
man or  assemblyman  shall  during  the  term  of  office  for  which  he  was  elected 
hold  any  other  citj'  office  except  an  office  elective  by  the  people. 

10.  Justice;^  of  the  peace — Sixth,  Tenth,  Eleventh  wards. — Sec.  7.  The 
justice  of  the  peace  elected  by  the  electors  of  the  Sixth  ward  shall  at  the 
time  of  his  election  be  a  qualified  elector  of  the  Sixth  ward  in  said  city,  and 
shall  continue  to  be  a  resident  of  said  ward  during  his  term  of  office,  and 
shall  hold  his  office  exclusively  in  the  Sixth  ward.  The  justice  of  the  peace 
elected  by  the  electors  of  the  Tenth  and  Eleventh  wards  shall  at  the  time 
of  his  election  be  a  qualified  elector  of  the  Tenth  or  Eleventh  ward,  and  shall 
continue  to  be  a  resident  of  either  of  s?iid  wards  during  his  term  of  office, 
and  shall  hold  his  office  exclusively  in  either  the  Tenth  or  Eleventh  wards  of 
said  cit}'. 

11.  Notice  by  city  clerk. — Sec.  8.  The  city  clerk,  at  least  fifteen  days 
before  the  holding  of  any  general  city  election,  and  twentj'  days  before  the 
holding  of  any  special  city  election,  shall  give  public  notice  of  the  time  and 
place  of  holding  such  election,  and  the  hours  during  which  the  polls  will 
be  open,  by  posting  in  ^three  public  places  in  every  election  district  three 
notices  each  containing  a  list  of  the  officers  to  be  elected  at  such  election, 
one  of  which  notices  shall  be  posted  up  at  the  place  of  holding  the  election; 
provided  that  no  failure  of  the  clerk  to  give  such  notice  shall  invalidate  an 
election. 

12.  Election  districts. — Sec.  9.  Election  districts  shall  be  formed  williin 
the  boundaries  of  the  respective  wards  by  the  common  council,  pursuant  to 
and  in  conformity  with  the  laws  of  the  state  regarding  elections. 

13.  General  laws  apply — Canvass. — Sec.  10.  All  general  laws  of  the  State 
of  jNIinncsota  relating  tu  elections  and  the  preliminaries  thereto  shall,  so  far 
as  applicable,  apply  to  and  govern  all  elections  under  the  charter,  and  are 
hereby  adopted  as  a  part  of  this  charter  the  same  as  if  herein  specifically  re- 
enacted. 

Within  one  week  after  any  election  under  this  charter  the  common  coun- 
cil shall  meet  in  joint  session  and  proceed  to  canvass  the  returns  thereof  and 
declare  the  result  as  it  appears  from  such  returns,  and  the  city  clerk  shall 
forthwith  give  notice  to  the  officers  elected  of  their  respective  elections. 

14.  Special  elections. — Sec.  11.  Special  city  elections  to  fill  vacancies 
or  for  any  other  purpose,  and  all  preliminaries  thereto,  shall  be  held  and 
conducted  and  the  returns  thereof  shall  be  made  and  canvassed  in  the  same 
manner  as  in  general  city  elections.  The  common  council  may,  by  resolu- 
tion adopted  by  the  affirmative  vote  of  two-thirds  of  all  the  members  of  the 
assembly  and  of  the  board  of  aldermen,  order  a  sepcial  election  of  the  voters 
of  the  city  and  provide  for  holding  the  same.  The  purpose  of  such  special 
election  shall  be  clearly  stated  in  such  resolution,  and  no  other  matter  shall 
be  submitted  thereat. 

15.  Plurality  vote — Tie  vote. — Sec.  12.  In  elections  by  the  people,  a  plur- 
ality of  votes  shall  constitute  an  election.  When  in  an  election  by  the  people 
two   or   more   persons    shall    receive   an    equal    number   of   votes   for   the   same 


CITY  OFFICERS— POWERS  AXD  DUTIES.  u 

office,  the  election  shall  be  determined  by  the  casting  of  lots  in  the  presence 
of  the  common  council  acting  in  joint  session,  at  such  time  and  in  such  man- 
ner as  it  shall  direct 

16.  New  election — When. — Sec.  J;j.  Should  there  be  a  failure  by  the 
people  to  elect  any  officer  herein  required  to  be  elected  by  the  people  on 
the  day  designated,  the  common  council  shall  order  a  new  election  to  be 
held,  twenty  days'  notice  of  the  time  of  holding  the  election  being  first  given. 

17.  Vacancies. — Sec.  14.  Any  officer  removing  from  the  city,  ward  or 
district  for  which  he  was  elected,  or  any  officer  who  shall  neglect  or  refuse 
for  ten  days  after  notice  of  his  election  or  appointment  to  qualify  and  to 
enter  upon  the  discharge  of  the  duties  of  his  office,  shall  be  deemed  to  have 
vacated  his  office,  and  the  common  council  shall  proceed  to  fill  the  vacancy 
as  herein  prescribed. 

18.  Removal  from  office. — Sec.  15.  Every  person  appointed  to  any  office 
by  the  common  council  or  elected  to  any  office  by  the  people  may  be  removed 
from  such  office  by  the  common  council,  acting  in  joint  session,  by  a  vote 
of  two-thirds  of  all  the  assemblymen  authorized  to  be  elected  and  a  vote 
of  two-thirds  of  all  the  aldermen  authorized  to  be  elected.  But  no  officer 
elected  by  the  people  shall  be  removed  except  for  cause,  nor  until  such  per- 
son shall  have  a  reasonable  opportunity  to  be  heard  in  his  defense.  The 
common  council  acting  in  joint  session  shall  have  power  to  fix  a  time  and 
place  for  the  trial  of  such  officer,  of  which  not  less  than  ten  days'  notice 
shall  be  given,  and  to  compel  the  atendance  of  witnesses  and  the  produc- 
tion of  papers,  and  to  hear  and  determine  the  case;  and  if  such  officer  shall 
neglect  to  appear  and  answer  to  such  charge,  the  common  council  by  the 
aforesaid  vote  may  declare  the  office  vacant. 

19.  Vacancies — When  council  shall  fill. — Sec.16.  Whenever  a  vacancy 
shall  occur  in  the  office  of  any  officer  elective  by  the  people,  such  vacancy 
shall  be  filled  by  the  appointment  of  the  common  council,  acting  in  joint 
session,  until  the  next  general  city  election;  excepting  that  vacancies  in  the 
assembly  shall  be  filled  by  the  assembly,  and  vacancies  in  the  board  of  alder- 
men  shall  be   filled  by  the  board  of  aldermen. 

CHAPTER   III. 

City  Officers=Their  General   Powers  and   Duties. 

20.  Duties  of  mayor. — Section  1.  The  mayor  shall  take  care  that  the 
laws  of  the  state  and  the  ordinances  of  the  city  are  duly  observed  and  en- 
forced, and  that  all  other  executive  officers  of  the  city  discharge  their  respec- 
tive duties.  He  shall  from  time  to  time  give  the  common  council  such  in- 
formation and  recommend  such  measures  as  he  may  deem  advantageous  to 
the  citi'. 

21.  City  treasurer. — Sec.  2.  The  city  treasurer  shall  receive  all  monej'j 
belonging  to  said  city,  including  all  taxes,  license  moneys  and  fines,  and  other 
revenues  of  said  city,  and  keep  an  accurate  and  detailed  account  thereof 

22.  No  loaning. of  public  funds. — Sec.  3.  No  funds  of  the  city  shall  ht^ 
loaned  by  the  treasurer  to  any  city  officer  or  other  person  or  corporation, 
or  otherwise  disposed  of,  except  in  accordance  with  law.  Any  violation  of 
this  provision  shall  be  a  misdemeanor,  punishable  by  imprisonment  for  a 
period  of  not  exceeding  one  year,  or  by  a  fine  not  exceeding  $1,000,  or  both, 
in  the  discretion  of  the  court. 

23.  City  comptroller — Sec.  4.  Tlie  city  comptroller  shall  perform  such 
duties  as  are  ])resci1n'(l  by  this  charter,  and  shall  from  time  to  time  perform 
such   other  duties  as  the  cinnnion   cnuncil   may  direct. 


12  CHARTER  OF  CITY  OF  ST.  PAUL. 

24.  City  clerk — Election — Term. — Sec.  5.  There  shall  be  a  clerk  of  said 
city,  styled  the  city  clerk,  who  shall  be  elected  by  the  common  council,  act- 
ing in  joint  session,  and  shall  hold  his  office  at  the  city  hall.  He  shall  be 
elected  biennially  and  shall  hold  office  for  the  term  of  two  years,  commenc- 
ing with  the  second  Tuesday  of  June  of  the  year  1903,  and  of  each  odd  num- 
bered year  thereafter,  and  until  his  successor  is  elected  and  qualified.  And 
until  said  last  mentioned  date  the  present  incumbent  of  the  office  of  city 
clerk  as  heretofore  constituted  shall  possess  and  discharge  all  the  powers 
and  duties  prescribed  for  the  city  clerk  by  the  terms  of  this  charter. 

25.  Duties  of  city  clerk — Sec.  6.  The  city  clerk  shall  keep  the  corporate 
seal  and  all  papers  and  records  of  the  city,  and  keep  a  record  of  the  proceed- 
ings of  the  common  council  and  each  of  the  bodies  thereof,  at  all  whose 
meetings  it  shall  be  his  duty  to  attend.  Copies  of  all  papers  filed  in  his 
office  and  transcripts  of  the  records  and  proceedings  of  the  commmon  council, 
and  each  of  the  bodies  thereof  certified  by  him  under  the  corporate  seal,  shall 
be  evidence  in  all  courts  as  if  the  original  were  produced.  He  shall  draw 
and  countersign  all  orders  on  the  treasury,  in  pursuance  of  any  order  or  reso- 
lution of  the  common  council,  and  keep  a  full  and  accurate  acount  thereof  in 
books  provided  for  that  purpose.  The  clerk  shall  have  power  to  administer 
oaths  and  affirmations  and  take  the  acknowledgment  of  deeds  and  other 
writings. 

26.  Assistant  city  clerk. — Sec.  7.  There  shall  be  one  assistant  city  clerk 
of  said  Citjf  of  St.  Paul,  who  shall  be  subject  to  the  city  clerk  of  said  city, 
and  for  all  the  acts  of  said  assistant  clerk  the  city  clerk  shall  be  responsible 
He  shall  be  appointed  in  writing  by  said  city  clerk,  and  he  may  be  removed 
by  said  city  clerk  at  pleasure  Said  appointment,  before  it  shall  be  operative, 
shall  be  filed  in  the  office  of  the  city  comptroller.  The  said  assistant  clerk 
may  perform  the  same  duties  required  of  said  city  clerk. 

27.  Secretary  of  park  board.— Sec.  8.  The  city  clerk  shall  be  ex-officio 
secretary  of  the  board  of  park  commissioners  and  of  the  conference  com- 
inittee,  and  shall  keep  correct  and  full  records  of  their  proceedings.  He  shall 
file  and  carefully  preserve  in  his  office  the  reports  of  members  of  said  con- 
ference committee. 

28.  Corporation  attorney — Election — Term — Assistants. — Sec.  9.  There 
shall  be  a  corporation  attorney  of  said  cit}\  who  shall  be  elected  biennially 
by  the  common  council,  acting  in  joint  session,  and  shall  hold  office  for  the 
term  of  two  years,  commencing  with  the  second  Tuesday  of  March  of  the 
)^ear  1901  and  of  each  odd  numbered  year  thereafter,  and  until  his  successor 
shall  have  been  elected  and  qualified,  excepting  that  the  term  of  the  corpo- 
ration attorney  in  office  when  this  charter  takes  effect  shall  terminate  at  the 
expiration  of  the  term  for  which  he  was  elected.  The  corporation  attorney 
may  appoint  three  assistant  corporation  attorneys,  for  whose  acts  he  shall 
be  accountable,  and  each  of  whom  shall  hold  office  during  the  pleasure  of  the 
corporation  attorney  and  shall  perforin  such  duties  as  the  corporation  attor- 
ney may  designate.  It  shall  be  the  duty  of  the  corporation  attorney  and  each 
of  his  assistants  to  give  their  whole  time  and  attention  to  the  discharge  of 
their  duties,  and  they  shall  have  their  office  at  the  city  hall.  The  corpora 
tion  attorney  shall  be  allowed  such  clerical  force  as  in  the  opinion  of  tlv 
common  council  shall  be  required. 

29.  Duties  of  corporation  attorney — Special  counsel. — Sec.  10.  The  cor- 
poration attorney,  with  the  aid  of  his  assistants,  shall  attend  to  all  the  legal 
business  of  the  city.  He  shall  be  the  legal  adviser  of  the  maj^or,  common 
courcil,  assembly,  board  of  aldermen,  all  committees  thereof,  all  boards  and 
all  c'tjr  officers,  and  when  requested  by  any  thereof  shall  furnish  opinions 
upon  such  legal  questions  relating  to  the  business  of  the  city  as  may  be  sub- 
mitted to  him.  He  shall  in  person  or  by  one  of  his  assistants  attend  the 
stated  and  special  meetings  of  the  common  council,  assembly,  board  of  alder- 
men and  all   boards  and  committees.      He   shall  also  render  and  perform   such 


CITY  OFFICERS— POWERS  AND  DUTIES.  13 

other  legal  duties  as  may  be  prescribed  by  the  common  council.  All  boards, 
committees  and  officers  of  said  city  are  prohibited  from  retaining,  feeing  or 
employing  any  other  attorney;  provided,  that  in  any  case  in  which,  by  rea- 
son of  interest,  the  corporation  attorney  cannot  act,  or  in  any  case  of  special 
or  unusual  circumstances,  necessitating  the  employment  of  special  counsel, 
and  upon  the  written  request  of  the  corporation  attorney,  the  common  coun- 
cil, by  a  four-fifths  (4-5ths)  vote  of  all  the  members  thereof,  may,  by  resolu- 
tion, authorize  the  employment  of  an  attorney  to  act  as  special  counsel  for 
the  city  in  such  case.  Said  resolution  shall  fix  the  maximum  compensation 
to  be  paid  for  such  service,  and  the  person  so  employed  shall  not  under  any 
circumstances,  be  entitled  to  receive,  and  shall  not  be  paid  as  compensation 
for  his  services,  any  sum  in  excess  of  the  amount  so  fixed. 

30.  Official  publicaticns — Bids  for. — Sec.  11.  On  the  first  Tuesday  of 
December  in  each  year  and  on  or  before  3  o'clock  in  the  afternoon,  the  city 
clerk  shall  receive  at  his  office  sealed  bids  for  the  printing  and  publishing, 
during  the  year  beginning  on  Jan.  1  following,  in  a  daily  newspaper  printed 
and  published  in  the  English  language  in  the  city  of  St.  Paul,  qualified  under 
the  laws  of  the  state  to  publish  legal  advertisements  and  specified  in  the 
bid,  al!  ordinances  and  other  proceedings  and  matters  required  under  this 
charter  or  by  the  by-laws;  resolutions  or  ordinances  of  the  common  council 
to  be  published  in  a  public  newspaper.  Said  bids  shall  be  opened  by  the 
common  council  acting  in  joint  session  and  said  common  council  acting  in 
joint  session  shall,  before  said  Jan.  1,  accept  the  bid  of  the  lowest  respon- 
sible bidder  and  designate  the  said  newspaper  specified  therein  as  aforesaid 
as  the  newspaper  in  which  shall  be  made  for  said  year  al]  said  publications, 
and  said  newspaper  shall  for  said  year  be  the  official  newspaper  of  said  city 
for  the  said  year  and  until  its  successor  shall  be  designated.  At  least  ten 
days  before  the  time  fixed  for  receiving  said  bids  the  city  clerk  shall  give  no- 
tice in  the  official  paper  of  said  city  of  the  time  and  place  and  purpose  for 
which  said  bids  shall  be  received,  and  in  said  notice  shall  reserve  to  the  com- 
mon council  the  right  to  re-ect  any  and  all  bids,  and  in  case  said  common 
council  shall  reject  such  bids,  the  city  clerk  shall  forthwith  readvertise  for 
bids  in  the  manner  ?foresaid. 

See  amendment.  Sec.  21,  p.  13. 

31.  Proofs  of  publication. — Sec.  12.  The  publisher  of  the  official  news- 
paper """f  said  city,  immediately  after  the  publication  of  any  notice,  ordinance 
or  resolution,  which  by  this  charter  is  required  to  be  published,  snail  file 
with  the  clerk  of  the  city  a  copy  of  such  publication,  with  an  affidavit  of  him- 
self or  his  foreman,  of  the  length  of  time  the  same  has  been -published,  and 
such  affidavit  shall  be  conclusive  legal  evidence  of  the  publication  of  such 
notice,  ordinance,  order  or  resolution,  and  no  account  for  the  publication 
of  such  notice,  ordinance,  order  or  resolution  shall  be  allowed  or  adjusted 
by  the  comptroller,  without  the  certificate  of  the  city  clerk  that  such  proof 
of  ])ul)lication  has  been  made  and  filed. 

32.  Oaths  of  office. — Sec.  1.'].  Evcr)^  person  elected  or  appointed  to  office 
under  this  charter  shall  before  he  enters  upon  the  duties  of  his  office,  take 
and  subscribe  an  oath  of  office  in  the  form  prescribed  bv  the  general  statutes 

of  thi^  state,  and  file  the  same  duly  certified  by  the  officer  taking  the  same 
with  the  city  com])tr(iller. 

33.  Official   bonds — Officers   affected — Amounts. — Sec.    14.     That    each    of 

the  following  named  officers  of  tlie  City  of  St.  Paid  shall  give  and  file,  as 
hereinafter  provided,  a  bond  to  the  City  of  St.  Paul  in  the  nninunts  respect- 
ively as  hereinafter  named,  to-wit:  The  city  treasurer  in  the  ^uni  of  two 
hundred  thousand  (200.000)  dollars;  the  city  comptroller  in  the  sum  of  five 
thousand  (.5.000)  dollars;  the  clerk  of  the  municipal  court  in  the  sum  of  three 
thousand  (3,000)  dollars;  the  health  commissioner  in  the  sum  of  three  thous- 
sand  (3,000)  dollars;  the  clerk  of  the  board  of  public  works  in  the  sum  of 
one  thousand  (1.000)  dollars;  the  citv  clerk  in  the  sum  of  ftvc  thousand  (.").000) 
dollars. 


14  CHARTER  OF  CITY  OF  ST.  PAUL. 

34.  Official  bonds — Filing — New  bonds. — Sec.  15.  Every  person  elected 
or  appointed  to  oftice  under  this  charter,  and  who  is  required  to  give  an  offi- 
cial bond,  shall,  before  he  enters  upon  the  duties  of  his  ofifice,  execute 'and 
deliver  to  the  City  of  St.  Paul  a  bond  in  such  amount  as  is  provided  for  in 
this  charter,  and  conditioned  for  the  faithful  performance  of  his  duties  as 
such  officer,  and  also  containing  such  further  conditions  as  may  be  required 
or  authorized  by  any  provision  of  this  charter,  which  bond  and  the  sureties 
thereon  shall  be  approved  by  the  common  council  and  shall  be  filed  with  the 
city  comptroller,  excepting  that  the  bond  of  the  city  comptroller  shall  be  filed 
with  the  city  treasurer.  The  common  council  shall  have  power  to  require  by 
ordinance  or  resolution  any  person  elected  or  appointed  to  any  office  to  exe- 
cute and  deliver  to  the  City  of  St.  Paul  an  official  bond  or  additional  official 
bond  or  new  official  bond,  in  such  amount  and  with  such  conditions  as  it 
shall  determine,  which  bond  and  the  sureties  thereon  shall  be  approved  and 
filed  as  above  provided;  and  may  remove  from  office  any  person  refusing  or 
neglecting  to  give  the  same. 

35.  Surety  bond  required — Exceptions. — Sec.  16.  Every  ofilcial  bond 
shall  be  executed  by  one  or  more  sureties,  and  every  such  surety  shall  be 
a  corporation  authorized  under  its  charter  to  guarantee  the  fidelity  of  per- 
sons holding  places  of  public  trust  and  admitted  to  do  business  in  this  state; 
provided,  that  before  any  such  corporation  be  accepted  or  approved  as  a 
surety  on  any  such  bond  a  certificate  of  the  commissioner  of  insurance  of 
this  state,  or  a  duly  certified  copy  thereof  in  the  form  and  stating  the  facts 
specified  by  section  56,  of  chapter  175,  of  the  General  Laws  of  1895  of  this 
state,  be  produced  and  filed  with  the  bond.  Provided,  however,  that  said 
common  council  may,  by  resolution  reciting  the  reason  therefor  and  duly 
approved  by  the  mayor,  accept  as  sureties  upon  any  such  bond  in  place  of 
such  corporation  at  least  two  sureties,  each  of  whom  shall  be  a  freeholder 
in  said  City  of  St.  Paul,  and  shall  make  affidavit  that  he  is  worth  the  amount 
stated  in  the  affidavit  over  and  above  all  his  debts,  exemptions  or  liabilities, 
which  amount  shall  in  the  aggregate  be  at  least  double  the  amount  of  said 
bond. 

36.  Successors  in  office. — Sec.  17.  If  any  person,  having  been  an  officer 
in  said  city  and  whose  term  of  office  has  expired,  shall  not,  within  ten  days 
after  notification  and  request  by  his  successor  in  office,  deliver  to  such  suc^- 
cessor  in  office  all  property,  books,  papers  and  effects  of  every  description 
in  his  possession,  belonging  to  said  city,  or  pertaining  to  the  office  he  may 
have  held,  he  shall  forfeit  and  pay  to  the  use  of  the  city  $1,000,  besides  all 
damages  caused  by  his  neglect  or  refusal  so  to  deliver;  and  such  successor 
may  recover  the  possession  of  such  books,  papers  and  effects  in  the  manner 
prescribed  by  the  laws  of  this  state. 

37.  Council  exempt  from  jury  duty. — Sec.  18.  The  members  of  the  com- 
mon council  sliall  be  exempt  from  serving  on  any  jury  during  their  term  of 
office. 

38.  Additional  duties. — Sec.  19.  The  common  council  shall  have  power 
at  any  time  to  require  other  and  further  duties  to  be  performed  by  any  offi- 
cer whose  duties  are  herein  prescribed,  not  inconsistent  with  this  charter. 

39.  City  contracts — Officials  must  not  participate. — Sec.  20.  That  no 
assemblyman,  alderman,  member  of  the  board  of  public  works  or  other  offi- 
cer or  official  of  said  City  of  St.  Paul,  while  holding  his  office,  shall  directly 
or  indirectly  be  a  party  to  or  interested  or  concerned  in  any  contract  or  job 
with  said  city,  or  in  any  work  prosecuted  by  its  authority,  or  in  the  com- 
pensation to  be  received  therefor,  or  in  the  furnishing  supplies,  fuel  or  other 
articles  purchasable  for  the  public  use,  and  any  contract  or  transaction  pro- 
hibited as  aforesaid  shall  be  void,  and  all  moneys  which  may  be  paid  there- 
on by  said  city  may  be  recovered  back,  and  the  office  of  any  such  city  officer 
or  official  so  ofifending  sliall  thereby  become  vacant  upon  conviction  thereof. 

Adopted  at  General  Election  Xovcmber  Sth,  1910. 


COM-MOX   COUXXIL— POWERS  AXD   DUTFES.  15 

AMENDMENT  NO.  1. 

Amend  Section  11  of  Chapter  III  of  the  charter  of  the  City  of  St.  Paul  so 
as  to  read  as  follows: 

"Sec.  11.  On  the  second  Thursday  in  November  of  each  year,  and  up  to 
3  o'clock  in  the  afternoon  of  said  day,  the  City  Clerk  shall  receive  at  his  office 
sealed  bids  for  the  printing  and  publishing  during  the  year  beginning  January 
1st  next  following,  in  a  daily  or  weekly  newspaper  printed  and  published  in 
the  English  language  in  the  City  of  St.  Paul,  qualified  under  the  laws  of  the 
State  of  Minnesota  to  publish  legal  advertisements  and  specified  in  the  bid,  all 
ordinances,  resolutions  and  other  proceedings  and  matters  required  under  this 
charter  or  the  by-laws,  resolutions  or  ordinances  of  the  Common  Council  to 
be  published  in  a  public  newspaper.  Said  bids  shall  be  opened  by  the  Com- 
mon Council  acting  in  joint  session,  and  said  Common  Council  in  joint  ses- 
sion shall  on  or  before  said  January  1st  accept  the  bid  of  the  lowest  reliable 
and  responsible  bidder  and  designate  the  said  newspaper  specified  therein  as 
aforesaid  as  the  official  newspaper  of  said  city,  in  which  shall  be  made  for  said 
year  all  such  publications,  and  said  newspaper  shall  for  said  year  be  the  of- 
ficial newspaper  of  said  city,  and  until  its  successor  shall  be  designated. 

At  least  ten  days  before  the  time  fixed  for  receiving  said  bids,  said  Clerk 
shall  give  notice  in  the  official  paper  of  said  city  of  the  time,  place  and  pur- 
pose for  which  said  bids  will  be  received,  and  in  said  notice  shall  reserve  to 
the  Common  Council  the  right  to  reject  any  and  all  bids,  and  in  case  said 
Common  Council  shall  reject  such  bids,  the  City  Clerk  shall  forthwith  readver- 
tise  for  bids  in  the  manner  aforesaid. 

The  successful  bidder  shall  forthwith  enter  into  a  contract  with  the  city 
for  doing  said  printing  and  publishing,  and  shall  at  the  same  time  give  a 
bond  in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  with  some  responsible 
surety  company  authorized  to  do  business  in  the  State  of  Minnesota,  as  surety 
thereon,  to  insure  the  fulfillment  of  said  contract. 

Hereafter  it  shall  not  be  necessary  to  publish  the  first  or  preliminary 
order  for  the  making  of  any  public  improvement  or  resolutions  authorizing 
the  payment  of  salaries,  department  pay-rolls,  or  estimates  under  contracts 
with  the  city.  The  annual  reports  of  all  boards  and  departments  of  the  city 
government,  other  than  the  Assembly  and  Board  of  Aldermen,  shall  be  a 
sufficient  publication  of  the  minutes  of  their  proceedings. 

Proposals  for  making  public  improvements,  for  which  an  assessment  is 
to  be  made,  shall  be  received  by  the  Board  of  Public  Works  upon  at  least 
ten  (10)  days'  notice  given  by  two  publications  in  the  official  newspaper,  and 
said  time  shall  bc^in  to  run  with  the  first  publication,  and  this  shall  constitute 
a  lawful  and  sufficient  notice,  anything  now  in  said  charter  to  the  contrary  not- 
withstanding. 

CHAPTER    lY. 

The    Common    CounciI==its    General    Powers   and    Duties. 

40.  Common  council — Two  bodies — Section  1.  The  legislative  autiior- 
ity  of  the  City  of  St.  Paul  shall  be  vested  in  the  common  council,  which  shall 
consist  of  two  bodies,  one  to  be  known  as  the  assembly,  composed  of  nine 
members,  and  the  other  to  be  known  as  the  board  of  aldermen,  composed  of 
as  many  members  as  there  are  wards  in  said  city.  Said  bodies  sliall  meet 
separately,  save  as  herein/ provided,  for  the  transaction  of  business  at  the 
court  house  or  city  hall  of  said  city,  and  each  of  said  bodies  shall  meet  at 
such  times  as  it  may  determine  b}'  resolution. 

41.  Quorum — Rules. — Sec.  2.  A  majority  of  each  body  siiall  constitute 
a  quorum  to  transact  business,  but  a  smaller  number  may  adjourn  from  time 
to  time  and  compel  the  attendance  of  the  absent  members  under  such  terms 
and  under  such  penalty  as  it  may  provide.  Each  body  may  determine  the 
rules  of  its  proceedings  not  inconsistent  with  the  laws  of  this  state  and  this 
charter,  sit  upon  its  own  adjournment   and  punish   its  members   for   disorderly 


16  CHARTER  OF  CTTY  OF  ST.  PAUL. 

behavior.     The   common    council    acting  in   joint    session   may    likewise    adopt 
joint   rules  governing  its  proceedings  while  acting  in  joint   session. 

42.  Negative  votes — When  recorded. — Sec.  3.  Each  body  shall  keep  a 
journal  of  its  proceedings  and  the  yeas  and  nays  when  taken  on  any  ques- 
tion shall  be  entered  on  such  journal.  Any  member  of  either  body  who,  be- 
ing present  when  his  name  is  called,  fails  to  vote  upon  any  pending  propo- 
sition, in  a  tone  plainly  understood  by  the  presiding  officer,  shall  be  counted 
as  having  voted  in  the  negative  on  said  pending  proposition,  and  if  not  pres- 
ent it  shall  be  so  recorded.  It  shall  be  the  duty  of  the  presiding  officer  of 
each  body  at  each  regular  meeting  thereof  to  sign,  during  the  session  of 
said  body,  the  clerk's  record  of  the  proceedings  of  the  last  meeting  of  said 
body,  after  said  record  is  corrected  and  approved,  and  to  announce  to  said 
body  in  open  session  that  he  has  attached  to  said  record  his  official  signature, 
and  the  clerk  shall  incorporate  in  the  minutes  of  that  meeting  the  statement 
aforesaid  of  the  presiding  officer  relative  to  said  signature. 

43.  Officers — Election  and  duties — Special  meetings. — Sec.  4.  On  the 
first  Tuesday  of  June,  or  as  soon  thereafter  as  practicable,  each  body  of  the 
common  council  shall  proceed  to  elect  by  ballot,  from  its  own  body,  a  presi- 
dent and  vice  president,  and  the  common  council  acting  in  joint  session  shall 
elect  a  president  and  vice  president.  Each  of  said  presidents  shall  preside 
over  the  meetings  of  the  body  from  which  he  is  elected,  and  the  vice  presi- 
dent of  each  body,  in  case  the  president  of  such  body  is  absent,  shall  act  for 
the  time  being  as  presiding  officer,  and  shall  discharge  the  duties  of  such 
president.  The  president  of  each  body  may  call  special  meetings  of  such 
body.  The  mayor  may  call  special  meetings  of  the  common  council,  or  of 
either  body  thereof,  and  the  rules  of  each  of  said  bodies  may  otherwise  pro- 
vide for  the  calling  of  special  meetings.  Notice  of  any  special  meeting  shall 
be  delivered  personally  to  each  member  or  be  left  at  his  usual  place  of  abode. 

44.  Acting  mayor. — Sec.  5.  During  the  absence  of  the'  mayor  from  the 
city,  or  in  case  of  his  death,  inability  or  incapacity  for  any  reason  to  dis- 
charge the  duties  of  his  office,  the  president  of  the  common  council  shall 
exercise  all  the  power  and  discharge  all'  the  duties  of  the  mayor,  and  shall 
be  styled  "Acting  Mayor  of  St.  Paul."  And  the  president  of  the  assembly 
shall  perform  the  duties  and  exercise  the  powers  of  acting  mayor  in  case  of 
the  inability  of  the  president  of  the  common  council  to  act  as  acting  mayor. 

45.  Ordinances,  etc. — Majority  vote — Two  thirds  vote  on  appropriations 
of  money. — Sec.  6.  Any  bill,  resolution  or  ordinance  may  originate  in  either 
of  said  bodies.  No  resolution,  order  or  ordinance  shall  be  valid  or  operative 
to  bind  the  City  of  St.  Paul  unless  it  shall  have  passed  each  of  said  bodies 
by  an  affirmative  vote  of  a  majority  of  the  members  present  by  ayes  and 
noes.  No  appropriation  of  money,  or  resolution,  order  or  ordinance  for  the 
payment  of  money  or  creating  anj.  pecuniary  liability,  shall  be  valid  or  oper- 
ative unless  it  shall  have  passed  each  of  said  bodies  by  the  vote  of  two-thirds 
of  all  the  members  of  a  full  body,  taken  by  ayes  and  noes,  and  entered  upon 
the  record  of  the  proceedings  of  the  body.  The  style  of  all  ordinances  shall 
be  "The  Common   Council  of  the  City  of  St.   Paul  do  ordain,  etc." 

48.  Ordinances,  etc. — Mayor  to  approve — Veto — Council  may  pass  over 
veto. — Sec.  7.  Every  order,  resolution  or  ordinance  which  shall  pass  said 
assembly  and  board  of  aldermen  in  conformity  to  the  rules  of  each  of  said 
bodies  and  the  joint  rules  of  the  two  bodies,  shall,  before  it  becomes  oper- 
ative, be  presented  to  the  mayor  of  said  city  for  his  approval  or  rejection.  If 
he  approves  thereof,  he  shall  sign  and  deposit  same  in  the  office  of  the  city 
clerk  of  said  city  for  preservation;  but  if  not  approved,  he  shall  return  it  with 
his  objections  to  the  said  clerk  for  submission  to  the  body  in  which  it  origi- 
nated, and  such  objection  shall  thereupon  be  entered  at  large  upon  the  jour- 
nal of  that  body,  and  said  body  shall  then  proceed  to  reconsider  the  same. 
If  after  such  reconsideration,  two-thirds  (2-3)  of  all  members  of  said  body 
shall  agree  to  pass  the  same,  it  shall   be  sent,  together  with  the  objections   of 


COMMON   COUN'CIL— POWERF.   AND   DUTIES.  17 

said  mayor,  to  the  other  body,  by  which  it  shall  likewise  be  reconsidered,  and 
if  it  be  approved  and  passed  by  two-thirds  (2-3)  of  all  members  of  that  body 
it  shall  become  operative,  notwithstanding  the  objections  of  said  mayor;  but 
in  all  such  cases  the  vote  of  each  body  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  or  against  said  matter  shall  be  en- 
tered on  the  journals  of  each  body,  respectively.  If  any  such  order,  resolu- 
tion or  ordinance  shall  not  be  returned  by  said  mayor  to  said  clerk's  office  for 
said  body,  within  five  (5)  days  after  it  shall  have  been  presented  to  him, 
with  his  approval,  or  with  the  objections  of  said  mayor,  the  same  shall  be- 
come operative  in  like  manner  as  if  he  (the  mayor)  had  signed  and  approved 
the  same.  Provided,  however,  that  in  all  cases  where  the  original  action  of 
the  common  council  requires  a  two-thirds  (2-3)  or  greater  vote,  the  veto  of 
the  mayor  shall  be  efifectual  unless  overruled  by  a  four-fifths  (4-5)  vote  of  all 
the  members  of  the  common  council. 

And  provided  further  that  no  ordinance,  order  or  resolution  authorizing 
the  issuance  of  bonds  or  certificates  of  indebtedness  without  the  submission 
for  ratification  to  the  electors  of  the'  city  shall  be  valid  or  of  any  force  or 
effect  unless  approved  by  the  maj^or  in  writing  within  ten  days  after  its  pas- 
sage by  the  common  council. 

47.  Publication  of  ordinances,  etc. — Sec.  8.  Every  order,  resolution  or 
ordinance  shall  be  published  in  the  ofticial  paper  before  the  same  shall  be  in 
force  and  shall  be  recorded  by  the  city  clerk  in  books  to  be  provided  for  that 
purpose.  They  shall  be  admitted  as  evidence  in  any  court  of  the  state  with- 
out further  proof.  Resolutions  may  be  published  with  the  dates  of  their 
approval  without  appending  thereto  the  signatures.  The  common  council  by 
a  joint  committee  on  printing  shall  as  often  as  economy  requires  establish 
rules  to  guide  the  city  clerk  in  making  such  publication,  and  said  rules  shall 
provide,  among  other  things,  for  the  publication  of  a  synopsis  only  to,  and 
orders  and  reports  from  the  board  of  public  works,  and  also  for  the  elimina- 
tion from  the  published  proceedings  of  said  common  council,  during  any  one 
publication,  of  all  repeated  matter  and  of  all  other  matter  not  necessary  to 
advise  the  public  of  the  proceedings  had  and  taken  by  said  common  council. 
The  proof  of  the  publication  of  any  order,  resolution  or  ordinance,  by  the 
affidavit  of  the  foreman,  or  one  of  the  publishers  of  such  newspaper,  with 
a  printed  copy  of  the  order,  resolution  or  ordinance  annexed  thereto,  or  any 
other  competent  proof  of  such  publication,  shall  be  prima  facie  evidence  of 
the  legal  passage,  enactment,  approval,  publication  and  promulgation  of  such 
order,  resolution  or  ordinance  in  any  court  in  this  state. 

48.  General  powers  of  council. — Sec.  9.  The  common  council  shall  have 
the  management  and  control  of  the  property  and  finances  of  the  city  sub- 
ject to  the  provisions  of  this  charter,  and  shall  have  the  power  to  appropriate 
money  for  city  purposes  only;  and  shall  likewise,  in  addition  to  the  powers 
herein  vested  in  them,  and  subject  to  the  provisions  of  this  charter,  have  full 
power  and  authority  to  make,  enact,  ordain,  establish,  enforce,  alter,  modify, 
amend  and  repeal  all  such  ordinances,  rules  and  by-laws  for  the  good  gov- 
ernment of  the  city,  the  protection  of  its  property,  the  preservation  of  peace 
and  good  order,  the  suppression  of  vice  and  intemperance,  the  prevention  of 
crime,  the  benefit  of  trade  and  commerce,  the  preservation  of  health  and  the 
prevention  and  extinguishment  of  fires;  it  shall  have  the  power  to  establish 
and  maintain  a  city  prison  and  watchhouses;  for  the  imprisonment,  custody 
and  safe  keeping  of  all  persons  arrested  for  or  charged  with  any  ofTense  what- 
ever recognizable  before  the  municipal  court;  to  make  all  rules  and  regulations 
for  the  government  and  management  of  such  prison  and  watchhouses,  to 
appoint  keepers  and  other  officers  for  the  same,  and  prescribe  their  duties 
and  fix  their  compensation;  the  keepers  of  such  i^rison  and  watchhouses  shall 
have  and  possess  all  the  powers  and  authority  of  jailers  at  common  law  or 
by  the  laws  of  this  state. 

49.  Specific  powers  of  council. — Sec.  10.  I-'or  the  inirposcs  aforesaid  the 
common  council  shall  have  authority  l)y  ordinances,  resolutions  or  by-laws: 


18  CHARTER  OF  CITY  OF  ST.  PAUL. 

50.  Gambling. — First — To  prevent  and  prohibit  all  description  of  gam- 
ing and  fraudulent  devices  and  practices,  and  all  playing  of  cards,  dice  or 
other  games  of  chance  for  the  purpose  of  gaming  in  said  city,  and  to  autlior- 
ize  the  destruction  of  all   instruments  used   for  the  purpose   of  gaming. 

51.  Liquor  licenses. — Second — To  prevent  and  prohibit  any  person  from 
giving  or  dealing  in  spirituous,  fermented,  malt  or  vinous  liquors  unless  duly 
licensed  by  the  common  council. 

52.  Disorderly  assemblages. — Third — To  prevent  and  prohibit  any  riots, 
noise,  disturbance  and  disorderly  assemblages  in  said  city,  and  to  preserve 
quiet  and  order  in  said  city. 

53.  Disorderly  houses. — Fourth — To  prohibit  and  suppress  disorderly 
houses,  groggeries  or  liouses  of  ill  fame. 

54.  Encumbrances  in  streets. — Fifth — To  prevent  and  prohibit  the  en- 
cumbering of  streets,  sidewalks,  lanes,  alleys,  public  grounds  or  wharves  with 
any  materials  or  substances  whatever. 

55.  Immoderate  driving. — Sixth — To  prevent  and  prohibit  horse-racing, 
immoderate  riding  (jr  driving  in  the  streets,  and  to  compel  persons  to  fasten 
their  horses  or  other  animals  attached  to  vehicles  or  otherwise,  while  stand- 
ing in  the  streets. 

56.  Firearms  and  fireworks. — Seventh — To  prevent  and  prohibit  the 
shooting  of  firearms  or  crackers,  and  to  prevent  and  prohibit  the  exhibition 
of  any  fireworks  in  any  place  which  may  be  considered  by  the  coitimon  coun- 
cil dangerous  to  the  city  or  any  property  therein  or  annoying  to  any  citizen 
thereof. 

57.  Concealed  weapons. — Eighth — To  prevent  and  prohibit  the  carrying 
or  wearing,  concealed  by  any  person,  any  dangerous  or  deadly  weapons  and 
to  provide  for  the  confiscation  thereof. 

58.  Drunkenness. — Ninth — To  prevent  and  prohibit  open  or  notorious 
drunkenness  and  obscenity  in  said  city. 

59.  Unwholesome  substances. — Tenth — To  prevent  and  prohibit  any  per- 
son from  bringing,  depositing  or  having  within  said  city  any  putrid,  un- 
somid  or  unwholesome  animal  or  vegetable  substance,  and  to  require  the  re- 
moval of  the  same  by  any  person  who  shall  have  any  such  substance  upon  his 
premises,  or  who  shall  bring,  deposit  or  have  the  same  within  said  city,  and 
to  authorize,  upon  failure  to  so  remove,  the  removal  thereof  by  some  com- 
petent officer  at  the  expense  of  such  person. 

60.  Nuisances. — Eleventh — To  prevent,  prohibii,  remove  and  abate  any 
nuisance,  obstruction  or  encroachment  upon  the  streets,  alleys,  public  grounds 
and  highways  of  the  city. 

61.  Public  health  and  safety. — Twelfth — To  prevent,  prohibit,  remove  and 
abate  any  nuisance  injurious  to  the  public  health  or  safety,  and  to  do  all  acts 
and  make  all  regulations  which  may  be  necessary  or  expedient  for  the  pres- 
ervation of  health  and  the  suppression  of  disease,  and  to  prevent  the  intro- 
duction of  contagious  diseases  into  the  city,  and  to  make  and  enforce  quaran- 
tine laws.  The  jurisdiction  of  said  city  shall  extend  to  and  be  in  force  over 
any  lands  within  the  county  of  Ramsey  purchased  or  used  by  said  city  for  the 
purpose  of  a  quarantine,  for  police  and  sanitary  regulations;  and  for  the  pres- 
ervation of  the  health  of  said  city  and  the  suppression  of  disease  and  abate- 
ment of  public  nuisances  and  the  suppression  of  any  business  contrary  to 
the  sanitary  regulations  of  the  common  council  or  the  board  of  health,  the 
jurisdiction  of  said  city  shall  extend  for  a  circuit  of  one  mile  beyond  the 
present  or  any  future  limits  of  said  city. 


COMMON   COUNCIL— POWERS   AND    DUTIES.  l'.» 

62.  Contagious  diseases. — Thirteenth — To  prevent,  prohibit,  control  and 
reguhitc  the  l.iiuiiny  and  conveyance  of  persons  from  railroad  trains,  boats, 
vessels  and  other  conveyances  whereon  are  contagious  or  infectious  diseases 
or  disorders,  and  to  make  dispositicni  of  such  persons  as  to  preserve  the 
health  of  the  city. 

63.  Vagrants,  etc. —  l-'ourtcenth — To  prohibit,  restrain  and  punisli  vag- 
rants, mendicants,   street  beggars  and  prostitutes. 

64.  Paupers,  etc. — Fifteenth — To  prevent,  prohibit,  control  and  regulate 
the  landing  and  conveyance  of  paupers  and  persons  in  destitute  condition  into 
said  city,  not  having  a  legal  settlement  or  residence  therein,  by  any  railroad 
train,  boat  or  vessel  or  other  means  of  conveyance,  and  to  require  that  such 
persons  shall  be  taker:  back  tc  the  place  from  whence  they  may  have  been 
brought  by  the  person   or  persons   convej'ing  or   leaving  them   in   said   city. 

65.  Animals  running  at  large. — Sixteenth — To  prevent,  prohibit  and  re- 
strain the  running  at  large  of  cattle,  swine,  sheep,  poultry  and  geese,  and  to 
authorize  the  distraining  and  sale  of  the  same,. and  to  impose  penalties  on  the' 
owners  of  such  animals  for  violation  of  the  ordinances;  provided,  that  when 
a  sale  of  such  animals  shall  be  made  the  proceeds  thereof,  after  deducting 
the  expense  of  distraining,  keeping,  advertising  and  selling  such  animals, 
shall  be  deposited  in  the  office  of  the  treasurer  of  said  city,  for  the  use  and 
benefit  of  the  owners  thereof,  if  called  for  by  such  owner  within  .one  year 
jrom  the  day  of  such  sale. 

66.  Driving  on  sidewalks. — Seventeenth — To  prevent  and  prohibit  all  per- 
sons from  riding  or  driving  any  ox.  mule,  cattle  or  other  animal  on  the  side- 
walks or  other  public  grounds  or  property  in  said  citj'-,  or  in  any  way  doing 
any  damage  to  such  sidewalks,  grounds  or  property. 

67.  Treatment  of  animals. — Eighteenth — To  restrain  and  regulate  the 
penning,   hcrdin.g   and   treatment   of  all   animals    within   the    city. 

68.  Unsafe  buildings. — Nineteenth — To  remove  or  require  to  be  removed 
any  buildin.g  which  by  reason  of  dilapidation,  defects  in  structure  or  other 
causes,  may  have  or  shall  become  dangerous  to  life  or  property,  and  to  pro- 
vide for  the  punishment  of  all  persons  who  shall  cause  or  maintain  the  same. 
A  statement  of  the  expenses  of  such  removal,  specifying  the  lots  or  parcels 
of  land  upon  which  it  was  incurred,  shall  be  filed  by  the  city  clerk  in  the 
office  of  the  register  of  deeds  of  the  County  of  Ramsey,  and  shall  thereupoTi 
become  a  lien  in  favor  of  said  city  upon  such  lot  or  parcel  of  land.  The 
amount  of  such  expense  may  be  recovered  by  said  cit}  against  the  owner  or 
owners  of  said  lot  or  parcel  of  land  and  the  lien  be  enforced  in  a  civil  action 
in  any  court  of  competent  jurisdiction;  provided  that  such  statement  shall 
be  filed  within  three  months  after  such  expense  has  been  incurred  by  said 
city,  and  that  if  suit  shall  not  be  brought  as  aforesaid  to  enforce  such  lien 
within  one  year  thereafter,  the  same  shall  abate,  and  provided  further,  that 
said  lien  shall  not  obtain  before  the  filing  thereof  against  a  bona  fide  pur- 
chaser without  notice  of  such  expenditures. 

69.  Theaters,  circuses,  etc. — Twentieth — To  license  and  regulate  the  ex- 
hibition of  common  showmen  and  shows  of  all  kinds,  and  the  exhibition  of 
caravans,  circuses,  concerts  and  theatrical  performances. 

70.  Billiard  tables,  etc. — Twenty-first — To  license  and  regulate  billiard 
tables,  pool  tables,  nine  or  ten-pin  alleys,  and  other  similar  devices,  the 
proprietors  and  keepers  thereof  and  the  places  in  which  the  same  maj^  be 
used  or  maintained. 

71.  Hotels,  etc. — Twenty-second — To  license  and  regulate  hotels,  taverns, 
rcstatirants  and  \ictualing  houses. 

72.  Pawnbrokers,    etc. — 'i'wenty-third — To    define,    license     and     re.gulate 


20  CHARTER  OF  CITY  OF  ST.  PAUL. 

pawnbrokers,  and  intelligence  and  employment  offices  and  agents,  and  shall 
have  power  to  compel  such  pawnbrokers,  intelligence  and  employment  agents 
and  the  persons  conducting  such  intelligence  and  ernployment  offices  to  give 
bond  with  such  sureties  as  the  said  common  council  may  provide  in  a  sum 
not  to  exceed  five  thousand  dollars,  conditioned  for  the  payment  of  any  and 
all  damages  which  any  person  may  sustain  by  reason  of  tne  improper  or 
wrongful  acts  or  omissions  of  such  pawnbrokers  or  intelligence  or  employ- 
ment agents  in  such  capacity  or  by  reason  of  any  false  infonnation  given  by 
such  agent,  and  any  person  injured  by  any  act  of  such  improper  or  wrongful 
acts  or  omissions  or  false  information  may  sustain  an  action  on  such  bond 
against  such  pawnbroker  or  agent  and  said  sureties,  in  any  court  having 
jurisdiction  thereof. 

73.  Insurance  agents. — Twenty-fourth — To  license  and  regulate  insurance 
offices  and  insurance  agents. 

74.  Auctioneers. — Twenty-fifth — To  define,  license  and  regulate  auction- 
eers and  to  regulate  the  time  and  place  and  manner  of  holding  public  auctions 
or  vendues. 

75.  Peddlers,  ticket  brokers,  hackmen,  etc. — Twenty-sixth— To  define,  re- 
strain, regulate  and  license  hawkers,  peddlers,  porters,  runners,  agents  and 
solicitors  for  common  carriers,  hotels,  public  bouses,  express  companies  or 
other  establishments,  ticket  brokers,  ticket  agents,  emigration  and  steamship 
agents,  draymen,  cabmen,  cartmen,  hackmen,  omnibus  drivers,  and  to  regu- 
late the  manner  and  place  in  which  they  shall  stand,  and  to  prohibit  them 
from  entering  or  driving  within  any  railroad  depot  or  upon  any  railroad 
grounds  or  entering  upon  any  railroad  car  or  steamboat  or  other  mode  of 
conveyance  to  solicit  passengers  or  baggage.  Also  to  prescribe  places  for 
stands  in  the  streets  of  said  city  within  which  drays,  carts,  cabs,  hacks, 
coaches,  cariages,  sleighs,  sleds  and  other  vehicles  may  stand  and  be  kept 
for  hire,  and  within  which  loads  of  wood,  coal,  hay  and  other  articles  may  be 
kept  for  sale,  and  to  regulate  such  stands  and  places. 

76.  Railroad  and  steamboat  stations. — Twenty-seventh — To  preserve  quiet 
and  order  at  the  arrival  and  departure  of  railroad  cars,  steamboats  and  other 
vessels  and  modes  of  conveyance. 

77.  Hacks,  trucks,  etc. — Twenty-eighth — To  license  and  regulate  hacks, 
carts,  omnibuses,  trucks,  wagons  and  other  vehicles  engaged  in  hauling  or 
carrying  for  hire,  and  to  regulate  the  charges  of  the  owners  and  drivers  of 
such  vehicles. 

78.  Second-hand  stores. — Twenty-ninth — To  define,  regulate  and  license 
second-hand  stores  and  junk  shops,  and  the  owners,  keepers  and  managers 
thereof. 

79.  Butcher  shops  and  meat  vendors — Thirtieth — To  license  and  regulate 
butcher  shops,  butcher  stalls,  vendors  of  butcher's  meat,  commission  mer- 
chants and  all  other  persons  who  may  deal  in  or  sell  on  commission  any 
fresh  or  butcher's  meats,  poultry  or  game,  hucksters,  vendors  or  dealers  in 
fruits  or  vegetables,  stock  yards;  also  to  regulate  and  restrain  the  sale  of 
fresh  or  butcher's  meat  within  the  corporate  limits  of  said  city  and  to  pun- 
ish or  restrain  the  forestalling  of  poultry,  game,  eggs  or  fruit  within  said 
corporate  limits;  provided,  that  this  section  shall  not  be  construed  to  prevent 
pork-packers  from  disposing  of  offals  or  trimmings  of  hogs,  nor  shall  any 
person  selling  game,  or  who  may  dispose  of  any  animals  raised  or  fatted  by 
him,  or  who  may  sell  fresh  meats  by  the  carcass  or  in  quantities  not  less  than 
by  the  quarter,  be  deemed  or  held  a  vendor  of  fresh  or  butcher's  meat  under 
the  provisions  of  this  section. 

80.  Slaughter  houses,  breweries,  etc. — Thirty-first — to  direct  the  location 
and  management  of  slaughter  houses,  breweries,  distilleries  and  pawnbrokers' 
shops. 


COMMON    COU.XC  I  L— POWERS    AND    DUTIES.  ::i 

81.  Bread,  hay,  etc. — Thirty-second — To  regulate  the  size  and  weight  of 
bread  sold  or  prepared  for  sale,  to  provide  for  the  seizure  and  forfeiture  of 
bread  baked  contrary  thereto;  to  regulate  the  place  and  manner  of  weighing 
and  selling  hay,  the  measurement,  and  selling  of  fire-wood,  coal  and  lime,  and 
to  appoint  suitable  persons  to  conduct  and  superintend  the  same. 

82.  Liquors  and  provisions — Thirty-third — To  regulate  the  inspection  of 
flour,  pork,  beef,  salt,  tish,  whisky  and  other  liquors  and  provisions. 

*■ 

83.  Lumber  and  building  materials. — Thirty-fourth — To  regulate  the 
measurement  and  ins])ectii>n  nf  lumber,  shingles,  timber  and  building  ma- 
terials. 

84.  Weights  and  measures — City  sealer. — Thirty-fifth — To  provide  by 
ordinance  for  a  standard  of  weights  and  measures;  for  the  appointment  of  a 
city  sealer,  and  to  require  all  weights  and  measures  to  be  sealed  by  the  city 
sealer,  and  to  provide  punishment  for  the  use  of  false  weights  and  measures. 

85.  Inspectors,  etc. — Thirty-sixth--To  appoint  inspectors,  weighers  and 
gangers;  to  regulate  their  duties  and  prescribe' their  compensation. 

86.  Liquor  licenses. — Thirty-seventh — To  license  and  regulate,  except  as 
hereinafter  provided,  all  persons  vending,  dealing  in  or  disposing  of  spirit- 
uous, vinous,  malt  or  fermented  liquors  and  all  places  in  which  the  same  are 
vended,  dealt  in  or  disposed  of. 

87.  Ice  cutting  and  sale. — Thirty-eighth — To  restrain,  control  and  regu- 
late the  cutting  of  ice  in  the  Mississippi  river.  Lake  Como,  Lake  Phalen  and 
other  places  within  the  city  limits,  and  to  prevent  the  sale  within  the  city 
limits  of  any  ice  cut   from  the   aforesaid  places  or  either  of  them. 

88.  Public  Baths.  Thirty-ninth — To  provide,  regulate  and  maintain  places 
of  bathing  and  swimming  in  the  waters  within  the  city  limits,  and  to  prevent 
and  prohibit  the  same. 

89.  Ornamental  trees. — Fortieth — To  direct  and  regulate  the  planting  and 
preserving  of  ornamental   trees  in   the   streets  and  public  grounds. 

90.  Rubbish — Removal  of. — Forty-first — To  compel  the  owner  or  occu- 
pant of  buildings  or  grounds  to  remove  snow,  dirt,  or  rubbish  from  the  side- 
walks, street  or  alley  opposite  thereto,  and  to  compel  such  owner  or  occupant 
to  remove  from  the  lot  owned  or  occupied  by  him  all  such  substances  as  the 
board  of  health  shall  direct;  and  in  his  default  to  authorize  the  removal  or 
destruction  thereof  by  some  officer  of  the  city  at  the  expense  of  such  owner 
or  occupant. 

91.  Unwholesome  places. — Forty-second — To  compel  the  owner  or  occu- 
pant of  any  grocery,  cellar,  tallow-chandler  shop,  soap  factory,  tannery,  stable, 
barn,  privy,  sewer,  or  other  unwholesome,  nauseous  house  or  place,  to  cleanse, 
remove  or  abate  the  same  from  time  to  time,  as  often  as  may  be  deemed 
necessary  for  the  health,  comfort  and  convenience  of  the  inhabitants  of  said 
city. 

92.  Gunpowder,  petroleum,  etc. —  {'""orty-third — To  regulate  and  provide 
for  the  receipt  storage  transportation  safekeeping  and  dealing  and  traffic 
in  gun  powder  gun  cotton  pctrf)leum,  kerosene  or  other  dangerous  explosive 
or  inflammable  oils  or  sub;tances,  within  said  city  or  within  one  mile  of  the 
corporate  limits  thereof,  and  to  provide  for  the  summary  condemnation  or 
destruction  of  any  of  such  articles  as  may  be  kept,  stored  or  dealt  in,  trans- 
ported through  or  received  in  said  city,  contrary  to  such  ordinances  as  said 
city  may  enact  for  the  safety  of  life  and  property  therein;  and  to  license  and 
regulate  Vendors  or  any  dealers  in  any  sucli  substances. 

93.  Dogs. — Forty-fourth —To  regulate  the  keeping  and  jircvcnt  the  run- 
ning at   large  of  dogs  and   to  impose  a   lax   on   the   .same,  and  to  authorize  the 


22  CHARTER  OF  CITY  OF  ST.  PAUL. 

destruction  of  the  same  in  a  summary  manner  when  at  large  contrary  to  the 
ordinance,  and  to  provide  for  the  killing  of  dangerous  or  vicious  dogs,  and 
to  punish  by  fine  or  imprisonment  the  owner  or  keeper  of  any  such  dog  who 
refuses  to  deliver  up  the  same  to  be  killed,  or  to  pay  the  tax  imposed  thereon. 

94.  Steam  boilers. — Forty-fifth— To  provide  for  the  inspection  and  reg- 
ulation of  steam  boilers  and  to  license  and  regulate  the  persons  in  charge 
thereof. 

95.  Buildings,  dense  smoke,  etc.— Forty-sixth— To  control  and  regulate 
the  construclion  of  buildings,  chimneys  and  stacks,  the  emission  of  dense 
smoke,  and  to  prevent  and  prohibit  the  erection  or  maintenance  of  any  in- 
secure or  unsafe  building,  stack,  wall  or  chimney,  or  the  emission  of  dense 
smoke  in  said  city,  and  to  declare  them  to  be  nuisances  and  to  provide  for 
the  summary  abatement;  and  in  addition  thereto  by  ordinance  to  impose  such 
fine  and  imprisonment  as  it  may  deem  proper,  not  exceeding  a  fine  of  one 
hundred  dollars  or  ninety  days'  imprisonment  or  both  in  each  case;  also  to 
provide  for  the  regulation  or  summary  abatement  of  any  work  or  building 
which  is  detrimental  to  the  safety,  health  or  security  of  said  city;_  also  to 
provide  for  the  entry  at  any  time  by  any  of  its  officers  into  any  building  or 
upon  any  work  to  ascertain  whether   the   same   is   dangerous   or   insecure. 

96.  Market  places. — Forty-seventh — To  erect  and  maintain  market  houses, 
to  establish  markets  and  market  places,  to  make  rules  and  regulations  for  the 
government  of  the  same;  to  appoint  suitable  persons  for  managing,  oversee- 
ing and  regulating  such  markets,  to  enforce  the  due  observance  of  such  rules 
and  regulations,  to  restrain  and  prohibit  during  inarket  hours  the  sale  at  any 
other  places  than  in  the  public  markets  or  market  places,  of  meats,  poultry, 
wild  game,  fruits  or  vegetables  or  other  articles,  except  by  regular  licensed 
dealers,  and  by  them  only  at  their  regular  places  of  business  and  for  which 
place  they  shall  have  a  license,  and  to  restrain  and  prohibit  the  purchase  by 
any  grocer  or  dealer  in  vegetables,  poultry  or  other  provisions,  any  meats, 
poultry,  wild  game,  fruits,  berries  or  any  other  article  in  any  public  market 
or  market  place  during  market  hours,  except  for  the  use  of  his  or  her  fam- 
ily; provided,  however,  that  nothing  in  this  section  shall  be  construed  to  pro- 
hibit the  sale  of  vegetables,  country  produce  or  poultry  upon  the  public 
streets,  lanes  or  alleys  of  said  city  after  the  hour  of  twelve  o'clock  noon  of 
each  day. 

97.  Wharves  and  piers — Forty-eighth. — To  control,  regulate  and  cause 
to  be  constructed,  altered  and  maintained  wharves  and  piers  and  grading  and 
paving  along  the  banks  of  the  Mississippi  river  within  the  city  limits,  to 
prescribe  and  control  the  prices  to  be  charged  for  wharfage  or  pierage  there- 
on, to  prevent  or  remove  all  obstructions  in  the  .water  of  said  river  and  to 
regulate  the  landings,  levees,  wharves  and  piers  within  the  city  limits  and 
boats  and  vessels  landing  and  mooring  at  the  same  and  the  charges  there- 
for; to  have  and  exercise  the  same  power  and  control  over  the  said  river 
within  the  limits  of  said  city  that  it  may  possess  over  streets,  highways  and 
alleys,  so  far  as  such  power  and  control  may  not  be  inconsistent  with  the  laws 
of  the  United  States  or  of  this  state.  The  expense,  of  constructing,  alter- 
ing or  maintaining  such  wharves,  piers,  grading  and  paving  shall  be  paid  out 
of  the  general  fund  of  said  city. 

98.  'Waterworks,  etc. — Forty-ninth — To  make,  establish  and  regulate  pub- 
lic pounds,  pumps,  wells,  cisterns,  hydrants,  reservoirs,  and  to  provide  for 
and  conduct  water  into  and  through  its  streets,  avenues,  alleys  and  public 
grounds,  and  to  provide  for,  control,  erect  and  maintain  water  works  for  the 
supply  of  water  to  its  inhabitants. 

99.  Lighting  city  and  public  buildings. — Fiftieth — To  provide  for  light- 
ing the  city  and  all  public  buildings,  to  establish,  erect  and  maintain,  and 
cause  to  be  operated  gas  works,  electric  lighting  plants  or  other  works  for 
lighting   the    city    streets,    public    grounds    and    public   buildings;    to    purchase. 


COM.MOX  COUNCIL— POWERS  AXD   DUTIES.  :::; 

erect,  establish  and  maintain  poles,  wires,  pipes,  conduits,  subways,  lamps 
and  other  appliances  for  lighting  purposes,  the  use  of  which  said  common 
council  may  let  to  any  person,  tirm  or  corporation  contracting  to  light  said 
city,  or  any  part  thereof,  for  a  period  not  exceeding  the  term  of  such  con- 
tract, and  defra}'  the  cost  of  such  lighting  apparatus  out  of  the  lighting  fund; 
provided,  however,  that  said  common  council  shall  have  no  power  to  create, 
alter  or  extend  lamp  or  lighting  districts,  or  any  part  thereof,  within  said 
city,  nor  to  locate  or  relocate  any  lamp  or  lamps  within  any  such  lighting  or 
lamp  district,  but  in  all  such  cases  the  board  of  public  works  of  said  city  shall 
have  exclusive  power  and  jurisdiction  within  the  appropriations  of  said  com- 
mon council  and  the  limitations  of  this  charter. 

100.  Hospitsls,  burial  of  dead,  etc. — Fifty-first — To  provide  and  regulate 
hospitals  and  hospital  grounds,  to  provide  for  the  registration  of  births  and 
deaths  and  the  returns  of  the  bills  of  mortality,  and  to  regulate  or  prevent 
the  burial  of  the  dead  within  tlie  city  limits  and  within  the  circuit  of  one  (l) 
mile  beyond  the  same. 

101.  Watchmen, — Fifty-second — To  provide  for  watchmen  and  to  pre- 
scribe their  number  and  duties  and  to  regulate  the  same. 

102.  Taxes. — Fifty-third — To  levy  annual  taxes  in  the  manner  and  sub- 
ject to  the  provisions  and  limitations  contained  in  this  charter  and  consistent 
with  the  laws  of  this  state. 

103.  Plats. — Fifty-fourth — To  accept  plats  of  additions,  subdivisions  and 
rearrangements  when  the  same  conform  to  the  provisions  of  this  charter  and 
the  laws  of  the  state. 

104.  Fire  limits — Safety  regulations. — Fifty-fifth — To  prescribe,  contract 
or  extend  the  limits  within  which  wooden  buildings  or  buildings  of  other 
materials  that  shall  not  be  considered  fire-proof  shall  not  be  erected,  placed 
or  repaired;  to  direct  that  all  and  any  building  within  the  limits  prescribed 
shall  be  made  and  constructed  of  fire-proof  materials;  to  prohibit  the  re- 
building of  wooden  buildings  within  the  fire  limits  when  the  same  shall  have 
been  damaged  to  the  extent  of  fifty  per  cent  of  the  value  thereof,  and  to  pre- 
scribe the  manner  of  ascertaining  such  damage;  to  prevent  the  dangerous 
construction  and  condition  of  chimneys,  fireplaces,  hearths,  stoves,  stovepipes, 
ovens,  boilers  and  apparatus  used  in  and  about  an}'  building  and  to  cause  the 
same  to  be  removed  or  placed  in  a  safe  and  secure  condition  when  considered 
dangerous;  to  prevent  the  deposit  of  ashes  in  unsafe  places  and  in  the  streets 
and  highways;  to  require  citizens  to  provide  as  many  fire  buckets  and  in 
such  manner  and  times  as  they  shall  prescribe  and  to  regulate  the  use  of 
them  in  time  of  fire;  to  regulate  and  prevent  the  carrying  on  of  manufactur- 
ing dangerous  in  causing  and  promoting  fires;  to  regulate  and  prevent  the 
use  of  fire-works  and  fire-arms;  to  compel  the  owners  or  occupants  of  build- 
ings to  have  scuttles  in  the  roofs  and  stairs  or  ladders  to  the  same;  tn  author- 
ize the  mayor,  members  of  the  common  council  and  other  officers  of  the 
city  to  keep  away  from  the  vicinity  of  any  fire  all  idle  or  suspected  persons; 
to  compel  all  by-standers  to  aid  in  the  extinguishment  of  fire,  and  in  the 
preservation  of  property  exposed  to  danger  thereat;  and  generally  to  estab- 
lish such  regulations  for  the  prevention  and  extinguishment  of  fires  as  the 
common  council  may   rlecni  expedient. 

105.  May  acquire  property. — Fifty-sixth — To  acquire  and  take  real  and 
personal  ijrojierty  by  gift,  grant,  devise  or  bequest,  and  hold  and  employ  the 
same  for  jjuhlic  purpr)ses. 

106.  Fences,  sign-boards,  etc. — Fifty-seventh — To  license,  regulate,  pre- 
vent, prohibit  and  suppress  the  erection  or  maintenance  of  fences,  sign-boards, 
bill-boards,  and  other  structure  designed  for  advertising  purposes,  in  such 
close  proximity  to  any  street,  highway  or  public  grounds  of  said  city  as,  in 
the  opinion  of  said  common  council,  may  tend  to  impair  or  abridge  the  safe, 
convenient  or  free  use  thereof  by  the  i)ublic. 


24  CHARTER  OF  CITY  OF  ST.  PAUL. 

107.  Patrol  limits— Prohibition  district.— Fifty-eighth— To  establish,  al 
ter,  enlarge  and  contract  patrol  limits  within  said  city,  and  to  prevent,  sup- 
pre'ss  and''  prohibit  the  sale  or  other  disposal  of  any  spirituous,  fermented, 
malt,  vinous  or  other  intoxicating  liquor  within  such  limits,  except  by  duly 
licensed  druggists  for  medical,  mechanical  or  chcmicaF  purposes  to  be  used 
elsewhere  than  upon  said  druggist's  premises.  Pro'vided,  however,  that  said 
common  council  shall  never  grant  any  license  to  sell  or  otherwise  dispose 
of  any  such  spirituous,  fermented,  malt,  vinous  or  other  intoxicating  liquor, 
except  to  such  druggists  for  the  purposes  aforesaid,  with  in  the  limits  of  the 
following  territory,  viz.: 

Sections  twenty-eight  (28)  and  twenty-nine  (29),  the  east  half  (>4)  of  the 
east  half  (^)  of  section  thirty-two  (32)  and  all  of  section  thirty-three  (33), 
in  township  twenty-nine  (20),  range  twenty-three  (23),  and  the  east  half  (}^) 
of  the  east  half  (K')  of  section  five  (5),  and  all  of  section  four  (4)  in  town- 
ship twenty-eight  (28)  of  range  twenty-three  (23),  all  in  Ramsey  County, 
Minnesota,  and  also  within  any  territory  within  two  hundred  (200)  feet  of 
any  of  the  boundary  limits  thereof,  nor  within  a  distance  of  one-half  (^) 
mile  of  any  college,  university  or  reformatory  institution  within  the  limits  of 
the  new  territory  added  to  said  city  by  "Ch.  281  of  S.  L.  1885,  validated  by 
Ch.  574,  S.  L.  1889." 

108.  Municipal  quarries,  etc. — Fifty-ninth — To  provide,  establish,  equip, 
maintain  and  cause  to  be  operated  under  the  supervision  of  the  commissioner 
of  public  works,  municipal  quarries,  works,  apparatus  and  other  facilities  for 
the  manufacture,  construction  and  laying  of  macadam,  asphalt  or  other  kinds 
of  street  pavements  and  cement,  tile  or  artificial   stone  sidewalks. 

109.  Sprinkling  plants. — Sixtieth — To  provide,  establish,  equip  and  main- 
tain suitable  municipal  works,  apparatus  and  facilities  for  the  cleaning,  re- 
pairing and  sprinkling  of  streets,  alleys  and  public  grounds,  and  for  the  col- 
lection and  disposal  of  garbage  and  all  other  \yaste  material  under  the  im- 
mediate supervision  of  the  commissioner  of  public  works. 

110.  Public  buildings^ — Sixty-first — To  provide  for  the  erection,  equip- 
ment and  maintenance  of  all  public  buildings,  that  may,  from  time  to  time, 
be  required  for  city  purposes,  not  otherwise  provided  for  in  this  charter. 

111.  Second-hand  stores. — Sixty-second — To  license,  regulate  and  restrain 
second-hand  stores  and  junk  shops,  and  the  owners  and  keepers  thereof. 

112.  Public  playgrounds. — Sixty-fourth — To  provide  and  maintain  public 
paygrounds  and  places  of  recreation  for  children,  and  to  levy  the  necessary 
tax  to  acquire  and  support  the  same,  not  exceeding  in  any  one  year  the  sum 
of  ten  thousand  dollars. 

113.  Revocation  of  licenses — Enforcement  of  ordinances. — Sec.  11.  The 
common  council  shall  have  full  power  and  authority  to  revoke  for  miscon- 
duct of  the  licensee,  any  license  granted  under  this  charter  and  to  declare  and 
impose  fines,  penalty  and  punishment,  and  to  enforce  the  same  against  any 
person  or  persons  who  may  violate  any  of  the  provisions  of  any  ordinance 
or  resolution  or  by-law  passed  or  ordained  by  it,  and  all  such  ordinances, 
rules  and  by-laws  are  hereby  declared  to  be  and  have  the  force  of  law;  pro- 
vided, that  they  be  not  repugnant  to  the  constitution  and  laws  of  the  United 
States  or  of  this  state.  Such  fines,  penalties  and  punishments  declared  or 
imposed  by  the  common  council  may  extend  to  a  fine  not  exceeding  one  hun- 
dred dollars  and  imprisonment  in  the  workhouse  not  exceeding  ninety  (90) 
days,  or  both,  and  to  be  fed  on  bread  and  water  at  the  discretion  of  the  judge 
of  the  municipal  court,  and  offenders  against  any  ordinance,  by-law  or  regu- 
lation as  aforesaid,  may  be  required  to  give  security  to  keep  the  peace  not 
exceeding  six  months  and  in  a  sum  not  exceeding  five  hundred  dollars. 

The  common  council  may  provide  by  ordinance  that  anyone  convicted 
of  an 'ofifense  before  the  municipal   court  subjecting  such   offender  to   impris- 


COM.MOX   COUX'CIL— POWERS  AND   DUTIES.  23 

onmcnt  under  the  charter  and  ordinance  of  said  city,  may  be  kept  at  hard 
labor  in  anj^  workhouse  established  by  said  city  for  that  purpose,  and  may 
also  provide  by  ordinance  that  anyone  convicted  of  an  offense  before  the 
municipal  court  aforesaid,  and  committed  upon  non-payment  of  a  fine  imposed, 
may  be  kept  at  hard  labor  in  such  workhouse  until  such  person  shall  work 
out  the  amount  of  such  fine  at  such  rate  of  compensation  as  said  council  may 
prescribe  for  a  time  not  exceeding  the  term  of  such  commitment;  and  the 
common  council  shall  have  power  to  establish  by  ordinance  all  needful  regu- 
lations for  the  security  of  such  persons  and  to  prevent  escape  and  secure 
proper  discipline;  provided,  that  the  municipal  court  shall  not  have  the  power 
for  vagrancy  to  commit  any  person  to  the  city  prison,  city  workhouse  or 
county  jail,  or  to  order  such  person  to  work  upon  the  public  streets  or  im- 
provements of  a  longer  period  than  thirty  days. 

114.  Fallen  women,  institution  for. — Sec.  12.  The  common  council  is 
hereby  authorized  to  appropriate  and  set  apart  the  whole  or  any  portion  of 
the  fines  which  may  be  collected  from  prostitutes  and  from  persons  resort- 
ing to  and  visiting  houses  of  ill-fame  and  of  prostitution,  and  from  the  keep- 
ers and  inmates  of  such  houses,  for  the  use  and  support  of  any  institution 
estab.ishcd  and  maintained  in  the  City  of  St.  Paul  for  the  care  and  reforma- 
tion of  fallen  women.  Such  appropriation  may  be  made  to  such  institutions 
and  at  such  times  and  in  such  sums  as  the  common  council  may  by  a  ma- 
jority vote  of  all  the  members  of  each  body  thereof  direct,  subject  to  the 
approval  of  the  mayor. 

115.  Common  nuisances  defined. — Sec.  1.3.  The  powers  conferred  upon 
the  common  council  to  provide  for  the  abatement  or  removal  of  nuisances 
shall  not  bar  or  hinder  suits,  prosecutions  or  proceedings  in  the  courts  ac- 
cording to  law.  Depots,  houses  or  buildings  of  any  kind'  within  the  limits 
of  said  city,  wherein  more  than  twenty-five  pounds  of  gunpowder  or  more 
than  five  barrels  of  forty-two  gallon  each  (or  such  greater  or  less  quantity  as 
said  common  council  may  direct  by  ordinance)  of  petroleum,  kerosene,  naph- 
tha or  other  inflammable  or  explosive  oils  or  substances  are  deposited,  stored 
or  kept  at  any  one  time;  gambling  houses,  houses  of  ill-fame,  disorderly  tav- 
erns, and  houses  or  places  where  spirituous,  vinous  or  fermented  malt  or  other 
intoxicating  liquors  are  sold,  without  licenses  required  therefor,  within  the 
limits  of  said  city,  are  hereby  declared  and  shall  be  deemed  public  or  com- 
mon nuisances. 

116.  Control  of  public  highways,  etc. — City  not  liable  for  railroad  acci- 
dents.— Sec.  14.  The  common  council  shall  have  the  care,  supervision  and 
ctnitrol  of  all  public  highways,  bridges,  streets,  alleys,  public  squares  and 
grounds,  sewers,  and  all  other  public  improvements  and  public  property  with- 
in the  limits  of  said  city  except  as  in  this  charter  otherwise  provided,  and 
shall  cause  all  streets  which  may  have  been  opened  and  graded  under  the 
authority  of  said  city,  or  with  its  assent,  to  be  kept  open  and  in  repair  and 
free  from  nuisances.  The  city  corporation  shall  be  exempt  from  all  liability 
caused  by  railroads,  either  to  persons  or  property,  when  said  railroads  or  en- 
gines or  cars  are  passing  along,  across,  under,  over  or  upon  any  street,  lane, 
alley  or  other  public  way,  within  the  limits  of  the  City  of  St.  Paul. 

117.  Vacations  of  streets,  etc. — Petition — Vote. — Sec.  15.  The  common 
council  of  said  city  shall  have  the  sole  and  exclusive  power  to  vacate  or  dis- 
continue public  grounds,  streets,  alleys  and  highways  within  said  city  and 
also  all  county,  territorial  and  state  roads,  whether  actually  traveled  or  used 
at  the  date  of  the  petition  for  such  vacation  r)r  not.  No  such  vacation  or  dis- 
continuance shall  be  granted  or  ordered  by  the  common  council  except  upon 
the  petition  of  a  majority  (jf  the  owners  of  property  on  the  line  of  such  pub- 
lic grounds,  streets,  alleys  or  highways,  resident  within  said  city,  save  that 
a  corporation,  whether  domestic  or  foreign,  may,  when  interested,  join  in  and 
verify  such  pctitif)n  by  any  officer  thereof,  and  be  counted  as  a  resident  for 
the  purposes  of  this  section.  Each  petition  provided  for  in  this  section  shall 
bring   furth   the    facts   ami    reasons   for   such    vacation,   accnm])anic(l    b)-    a    plat 


26  CHARTER  OF  CITY  OF  ST.  PAUL. 

of  such  public  grounds,  streets,  alleys  or  highways,  county,  territorial  or  state 
roads  proposed  to  be  vacated,  and  shall  be  verified  by  the  oath  of  one  of 
the  petitioners.  The  body  of  the  common  council,  to  which  said  petition 
is  presented,  shall  thereupon,  if  it  deem  it  expedient  that  the  matter  shall  be 
proceeded  with,  order  the  petition  to  be  filed  of  record  with  the  city  clerk, 
who  shall  give  notice  by  publication  in  the  official  paper  of  the  city  for  four 
(4)  weeks,  at  least  once  a  week,  to  the  effect  that  such  petition  has  been  filed, 
as  aforesaid,  and  stating  in  brief  its  object,  and  that  said  petition  will  be 
heard  and  considered  by  the  said  body,  or  a  committee  by  it  appointed,  on  a 
certain  day  and  place  therein  specified,  not  less  than  ten  (10)  days  from  the 
expiration  of  said  publication.  Said  body,  or  such  committee  as  may  by  it 
be  appointed  for  the  purpose,  at  the  time  and  place  appointed,  shall  inves- 
tigate and  consider  the  said  matter,  and  shall  hear  the  testimony  and  evi- 
dence on  the  part  of  the  parties  interested.  Said  body,  thereupon,  after  hear- 
ing the  same,  or  report  of  such  committee  in  favor  of  granting  such  petition, 
made  by  resolution  passed  by  three-fourth  (^)  vote  of  all  the  members  elect, 
declare  such  public  ground,  streets,  alleys  or  highways,  county,  territorial  or 
state  roads  vacated,  which  said  resolution,  if  passed  by  a  like  vote  of  the 
other  house,  shall,  before  the  same  shall  go  into  effect,  be  published  as  in 
the  case  of  ordinances,  and  thereupon  a  transcript  of  such  resolution  and  of 
said  plat,  duly  certified  by  the  city  clerk,  shall,  before  the  same  is  valid,  be 
filed  for  record  and  duly  recorded  in  the  ofifice  of  the  register  of  deeds  of  the 
County  of  Ramsey.  No  vacation  of  any  street,  alley  or  public  ground  in  said 
city  shall  be  hereafter  allowed  except  upon  such  terms  and  conditions,  as 
well  as  to  the  compensation,  if  any,  to  be  paid  by  the  person  seeking  such 
vacation,  or  otherwise,  as  shall  be  specified  in  the  resolution  ordering  such 
vacation. 

Provided,  in  case  the  plat  commission  shall  have  approved  a  plat  em- 
bracing the  premises  proposed  to  be  vacated  which  plat  dedicates  to  the 
public  use,  in  the  opinion  of  said  council,  land  equivalent  in  area  and  value 
to  the  premises  sought  to  be  vacated,  then  said  council  may  by 'a  three-fourths 
(}i)  vote  of  all  the  m.embers  of  each  body,  accept  said  plat  and  pass  said 
resolution  of  vacation,  and  after  said  plat  and  said  resolution  have  been  re- 
corded in  said  register's  office,  said  vacation  shall  be  valid  without  the  pay- 
ment of  money  into  the  said  city  treasury. 

Provided,  further,  however,  that  vacations  and  discontinuances  of  such 
county,  territorial  or  state  roads  may  be  granted  upon  the  petition  of  a  ma- 
jority of  the  owners  of  property  through  which  the  same  or  the  portions 
thereof  sought  to  be  vacated  exist,  when  such  owners  have  platted  the 
same  and  shall  have  provided,  in  lieu  of  such  roads,  sufficient  streets,  in  the 
opinion  of  the  commissioner  of  public  works  and  the  common  council,  of 
which  fact  the  approval  of  said  commission  and  the  acceptance  of  such  plat 
and  the  resolution  of  vacation  shall,  when  recorded,  be  conclusive  evidence. 

118.  Bridges,  viaducts,  tunnels — Approaches  to — Change  of  grade. — Sec. 
16.  The  common  council  of  the  city  of  St.  Paul  shall  have  full  power  to  con- 
struct any  bridge,  bridges,  viaducts  and  tunnels  and  also  the  needful  approach- 
es thereto  in  any  street  or  streets  or  highway  or  highways  of  said  city  over  or 
under  railway  tracks  or  other  places  whether  such  bridge,  bridges,  viaducts, 
tunnels  or  approaches  thereto  conform  to  the  established  grade  of  the  street 
or  highway  wherein  they  may  be  constructed  or  otherwise.  The  said  bridge, 
bridges,  viaducts  or  tunnels  with  the  approaches  thereto  shall  be  and  become 
part  of  the  street  or  highway  wherein  they  may  be  constructed  aforesaid, 
and  any  part  or  parts  of  any  established  grade  of  such  street  or  highway  or  of 
any  street  or  highway  crossing  the  same,  may  be  so  altered  or  changed  by 
said  common  council,  as  to  conform  to  the  passageway  over  or  under  the 
said  bridge,  bridges,  viaducts  or  tunnels,  or  to  form  the  whole  or  any  part 
of  the  approaches  of  such  bridge,  bridges,  viaducts  or  tunnels,  or  to  facilitate 
access  to,  or  passage  over  the  said  bridge,  bridges,  viaducts  or  tunnels  or 
approaches  thereto.  Provided,  in  case  such  bridge,  bridges,  viaducts  or  tun- 
nels or  approaches  thereto,  shall  not  conform  to  such  established  grade  of 
such  street  or  highway  wherein  they  may  be  constructed,  a  vote  of  at  least 


COM.MOX   COUN'CIL— POWERS   AND   DUTIES.  27 

three-fourths  (^)  of  the  members  elect  of  each  body  of  such  common  coun- 
cil shall  be  necessary  to  authorize  the  same,  or  to  change  any  part  or  parts 
of  such  established  grade  of  such  street  or  highwaj-  or  other  streets  or  high- 
ways, crossing  the  same  as  aforesaid. 

119.  Damages  for  change  of  grade. — Sec.  17.  In  case  such  bridge, 
bridges,  viaducts  or  tunnels  or  approaches  thereto,  shall  not  conform  to  such 
established  grade,  or  in  case  of  any  change  of  grade  as  aforesaid,  any  owner 
of  land  abutting  upon  that  part  of  such  street  or  highway  where  such  bridge, 
bridges,  viaducts  or  tunnels  or  approaches,  or  change  of  grade  shall  be  or- 
dered by  said  common  council  damaged  thereby,  shall  be  entitled  to  com- 
pensation from  said  city  to  be  assessed  as  herein  provided. 

120.  Notice  of  claim — Filing — Hearings  on. — Sec.  18.  To  entitle  such 
persons  so  damaged  to  compensation,  he  snail  file  with  the  city  clerk  within 
six  (6)  months  from  the  passage  of  the  resolution  or  order  from  the  said 
common  council  directing  the  work  to  be  done,  or  change  of  grade  to  be 
made  aforesaid,  a  written  claim  of  damages  specifying  the  grounds  thereof, 
and  the  said  common  council  shall  refer  the  said  claim  to  the  board  of  public 
works,  who  shall  thereupon  assess  the  amount  of  compensation  to  be  award- 
ed such  claimant,  and  report  the  same  to  said  common  council  In  making 
said  assessment  the  said  board  of  public  works,  by  its  clerk,  shall  give  notice 
by  publication  at  least  three  (3)  times  in  the  official  newspaper  in  said  city, 
of  the  time  and  place  of  their  meeting  for  the  purpose  of  making  said  assess- 
ment. Said  notice  shall  specify  briefly  the  object  of  said  assessment  and  the 
property  to  which  it  relates,  and  the  first  (1st)  publication  thereof  shall  be 
at  least  ten  (10)  days  before  the  time  of  said  meeting.  At  said  meeting-  all 
persons  interested  may  appear  and  be  heard  by  themselves,  or  their  attor- 
neys, and  the  board  of  public  works  may  view  the  premises  and  also  hear 
proof  in  reference  to  said  matter.  Said  assessment  shall  not  be  final  until 
confirmed  by  the  board  of  public  works.  Notice  of  the  time  and  place  of 
such  confirmation  shall  also  be  given  by  publication  by  the  board  of  public 
works,  through  its  clerk,  in  the  official  newspaper  of  said  city,  at  least  two 
(2)  times,  the  first  publication  whereof  shall  be  at  least  ten  (10)  days  prior 
to  the  time  set  for  such  confirmation.  The  amount  so  awarded  shall  be  paid 
to  the  party  entitled  thereto  out  of  the  general  fund  of  said  city  or  such  other 
fund  as  may  be  provided  for  that  purpose.  No  claim  of  damages  aforesaid 
or  proceeding  to  assess  the  same  aforesaid  shall  delay  or  suspend  the  prose- 
cution of  said  work. 

121.  Petitions,  etc.,  net  necessary. — Sec.  19.  In  ordering  the  construc- 
tion of  such  bridge  or  bridges  or  such  change  of  grade  no  petition  or  prop- 
erty owners  or  other  petition  or  preliminary  notice  or  reference  to  the  board 
of' public  works  or  other  preliminary  proceedings,  shall  be  necessary  to  en- 
able or  authorize  the  common  council  to  act  in  said  matter,  and  title  five  of 
chapter  six  of  this  charter  relative  to  street  grades  shall  not  apply  to  such 
change  of  grade. 

122.  Real  estate,  lease,  purchase,  sell. — Sec.  20.  The  common  council 
shall  have  power  to  lease,  purchase  and  hold  real  estate  for  the  use  of  said 
City  of  St.  Paul,  or  to  aid  in  the  purchase  of  real  estate  for  such  public  pur- 
poses as  the  common  council  may  deem  proper,  by  a  three-fourths  (|4)  vote 
Df  all  the  members  elect  of  each  body  thereof,  and  with  the  approval  of  the 
mayor,  i)rovided,  however,  that  the  exercise  of  said  power  shall  be  subject  to 
the  limitations  and  restrictions  contained  in  this  charter,  and  said  common 
council  may  by  a  like  vote  sell  and  convey  and  by  a  majority  of  the  members 
of  each  body  lease  any  such  real  estate  as  the  city  may  own  and  which  is 
not  needed  for  municipal  purposes.  The  real  estate  pin-chased  and  held  bj' 
said  city  shall  be  free  from  taxation. 

123.  Eminent  domain. — Sec.  21.  The  City  of  St.  Paul  shall  have  the 
power  to  take  private  property  for  ])ublic  use  upon  just  compensation  there- 
for,   being   first    paid   or   sccin-ed;    sucli    power    shall    be    exercised   through    its 


28  CHARTER  OF  CITY  OF  ST.  PAUL. 

common  council   or  board  of  public  works,  or  both,   or  other  officers   of  said 
c'ty  as  provided  in  this  charter,  or  as  may  be  hereafter  provided  by  law. 

124.  Franchises  in  streets. — Sec.  22.  The  common  council  shall  have 
power  and  authority  by  ordinance  passed  by  vote  of  three-fourths  (^)  of 
all  the  members  elect  of  each  body  of  said  council,  to  grant  rights,  franchises 
and  privileges  in,  over,  upon  or  under  any  street,  highway,  alley,  public 
grounds  or  levees  of  said  city,  for  the  purpose  of  constructing  or  operating 
street  railways,  or  for  telephoning,  or  telegraphing,  or  transmitting  electric- 
ity, or  transporting  by  pneumatic  tubes,  or  for  furnishing  to  the  city  or  its 
inhabitants,  or  any  portion  thereof,  water,  light,  heat,  or  power,  or  for  any 
other  public  purposes  but  subject  always  to  the  limitations  and  conditions  in 
this  charter  prescribed. 

125.  Council  regulation  of  franchises. — Sec.  23.  The  common  council 
may  by  ordinance  provide  for  regulating  and  controlling  the  exercise  by  any 
person  or  corporation  of  any  public  right,  franchise  and  privilege  in  any  of 
the  streets  and  any  public  places  in  said  city,  whether  such  right,  franchise  or 
privilege  has  been  or  may  be  granted  by  said  city,  or  by  or  under  the'  laws 
of  the  State  of  Minnesota  or  any  other  authority. 

126.  No  perpetual  franchise. — Sec.  24.  No  perpetual  right,  franchise  or 
privilege  as  aforesaid,  shall  ever  be  granted,  and  no  such  right,  franchise  or 
privilege  shall  ever  be  granted  for  a  longer  period  than  twenty-five  years. 

127.  No  exclusive  franchise. — Sec.  25.  No  exclusive  franchise  or  priv- 
ilege shall  ever  be  granted. 

128.  Franchise  ordinances  in  council. — Sec.  26.  No  ordinance  granting 
any  franchise  or  privilege  shall  be  passed  by  either  body  of  the  common 
council  until  at  least  ten  days  after  such  ordinance  shall  have  been  intro- 
duced in  such  body  and  framed  by  such  body  in  the  exact  form  in  which  it 
shall  be  passed. 

129.  Annual  statements — Concerns  holding  franchises  must  file — Penalty 
for  neglect. — Sec.  27.  Every  corporation  or  person  exercising  any  franchise 
in  the  City  of  St.  Paul  shall  file  annually  on  or  before  the  first  Monday  of 
February,  in  the  oflfice  of  the  city  comptroller,  a  statement  subscribed  and 
sworn  to  by  at  least  two  ofticers  of  such  corporation,  or  by  the  individual  in 
control,  in  case  such  franchise  is  exercised  by  an  individual  or  co-partnership, 
setting  forth  in  detail  for  the  preceding  calendar  year  the  then  actual  cost  of 
the  plant  or  business  operated  by  said  corporation  or  persons,  the  actual  in- 
cumbrances, debts  and  obligations  thereon,  if  an3%  the  names  and  residences 
of  the  stockholders,  and  the  ainount  of  stock  held  by  each,  and  the  consid- 
eration paid  therefor  to  the  corporation;  the  names  and  residences  of  the 
individuals  or  co-partnerships;  in  case  such  franchise  is  exercised  by  indi- 
vidual or  a  co-partnership;  an  itemized  statement  of  the  assets  and  liabilities 
of  any  such  corporation;  the  gross  earnings,  the  expenses  and  nature  there- 
of, and  the  net  income  for  such  calendar  year  of  any  such  corporation,  and 
in  case  of  an  individual  or  co-partnership,  of  the  business  done  under  such 
franchise.  Such  statement  shall  conform  to,  such  forms  as  may  be  prepared 
from  time  to  time  by  the  cit}'  comptroller.  Every  such  statement  shall  be 
preserved  by  the  comptroller  in  suitable  manner  for  public  inspection,  and 
shall  be  open  to  public  inspection  during  the  business  hours  of  the  comp- 
troller's office.  Every  such  corporation,  individual  or  co-partnership  shall 
also  file  in  the  office  of  the  comptroller  from  time  to  time  such  further  and 
additional  reports  and  statements  as  may  be  required  by  the  common  council 
relative  to  the  rates  charged  and  received  for  public  service,  relative  to  the 
character  and  frequency  of  such  service,  and  relative  to  the  number  of  per- 
sons using  such  service.  The  books,  records,  bills  and  vouchers  of  every  such 
corporation,  individual  or  co-partnership  shall  be  opened  to  inspection  and 
examination  in  the  City  of  St.  Paul  by  such  officer  of  said  city,  person  or  per- 
sons as  the   common   council   may   direct.     Every   such   corporation,  individual 


COMMON   COU.XCIL— POWERS  AND   DrTIF.S.  29 

or  co-partnership  who  fails  to  complj'  with  the  provisions  of  this  section 
shall  be  liable  to  the  City  of  St.  Paul  in  the  sum  of  one  hundred  (100)  dol- 
lars for  each  day  of  such  failure,  to  be  recovered  in  a  civil  action  in  any 
court  of  competent  jurisdiction,  and  in  case  of  default  for  sixty  days  any  such 
franchise  shall  without  further  proceeding  become  forfeited,  and  all  rights 
granted  by  the  ordinance  granting  the  same  shall  cease  and  terminate. 

130.  Gross  earnings  tax. — Sec.  28.  Every  corporation  or  '.person  exer- 
cising any  franchise  or  privilege  in,  over,  under  or  upon  any  of  the  streets 
or  public  places  or  elsewhere,  in  the  City  of  St.  Paul,  shall  pay  into  the  treas- 
ury of  said  city  annually  on  or  before  the  first  Monday  of  March,  a  license 
fee  in  a  sum  equal  to  at  least  five  per  cent  of  the  gross  earnings  derived  or 
accruing  from  the  exercise  or  enjoyment  within  said  city  of  any  such  fran- 
chise or  privilege  during  the  previous  calendar  year. 

131.  Extensions,  modifications,  etc. — Hew  validated. — Sec.  29.  No  ex- 
tension, modification  or  change  of  any  franchise  or  privilege  heretofore  grant- 
ed, or  of  any  condition  or  limitation  affecting  such  franchise  or  privilege, 
shall  be  valid  or  effectual  unless  the  person  or  corporation  holding  such  fran- 
chise or  privilege  shall,  in  writing,  agree  that  such  franchise  or  privilege,  to- 
gether with  any  such  extension,  modification  or  change,  shall  be  held  and 
used  subject  to  all  the  conditions  and  limitations  in  this  charter  prescribed, 
including  the  payment  of  a  license  fee  of  at  least  five  per  cent  of  the  gross 
earnings. 

132.  Concerning  prior  franchises. — Sec.  30.  No  franchise  or  privilege 
shall  be  granted  to  any  person  or  corporation  now  holding  or  hereafter  ac- 
quiring any  franchise  or  privilege  hertofore  granted  by  said  city,  unless  such 
person  or  corporation  shall  in  writing  agree  that  said  franchise  or  privilege 
so  held  or  acquired,  as  well  as  said  new  franchise  or  privilege,  shall  both  be 
held  and  exercised  subject  to  all  the  conditions  and  limitations  in  this  charter 
prescribed,  including  the  pa3-ment  of  said  license  fee  of  at  least  five  per  cent 
of  the  gross  earnings. 

133.  Rates  may  be  regulated. — Sec.  31.  The  common  council  shall  have 
the  power  to  regulate  and  control  the  maximum  price  to  be  charged  by  any 
corporation  or  person  exercising  any  privilege  or  franchise  in  the  city  for 
the  service  rendered  by  it  to  the  city,  and  to  any  other  person  or  corpora- 
tion; but  such  price  shall  be  fair  and  reasonable. 

134.  Forfeiture. — Sec.  32.  Every  ordinance  granting  any  franchise  or 
privilege  as  aforesaid,  shall  provide  for  the  termination  and  forfeiture  of  any 
franchise  or  privilege  aforesaid,  for  any  breach  or  failure  to  comply  with  any 
of  the  terms,  limitations  or  conditions  thereof;  and  in  all  such  cases  the 
common  council  shall  have  power  to  declare  the  termination  and  forfeiture  of 
any  such  franchise  or  privilege  the  same  as  though  in  each  instance  such 
power  was  expressly  reserved. 

135.  Rights  in  streets  reserved. — Sec.  33.  No  person  or  corporation 
shall  occupy  or  have  any  rights  in,  over,  upon  or  under,  any  street,  highway, 
alley,  public  grounds  or  levees  of  said  city  for  the  purpose  of  constructing 
or  operating  street  railways,  or  for  telephoning  or  telegraphing,  or  transmit- 
ting electricity,  or  transporting  by  pneumatic  tubes,  or  for  furnishing  to  the 
city  or  its  inhabitants,  or  any  portion  thereof,  water,  light  or  heat  or  power, 
or  for  any  'other  public  purpose,  until  an  ordinance  shall  have  been  duly 
passed  by  said  common  council,  in  the  manner  and  subject  to  the  conditions 
and  limitations  prescribed  in  this  charter. 

136.  Steam,  dummy  or  elevated  railways. — Petition  necessary. — Sec. 
34.  No  franchise  to  construct  or  operate  any  steam,  dummy  or  elevated 
railway  of  any  description  on  any  street,  highway,  alley,  public  grounds  or 
levees  of  said  city,  shall  be  granted,  except  upon  the  petition  of  the  owners 
of  more  than  one-half  of  the  property  fronting  on  the  line  of  such  proposed 
road. 


30  CHARTER  OF  CITY  OT  ST.  PAUL. 

137.  Street  railways  to  maintain,  sprinkle,  etc.,  part  of  street. — Sec.  35. 
Every  grant  of  any  right,  privilege  ur  francliise  in,  over,  under  or  upon  any 
of  the  streets,  alleys  or  public  grounds  of  said  city,  for  street  railway  pur- 
poses, shall  be  subject  to  the  conditions  that  the  person  or  corporation  exer- 
cising or  enjoying  the  same  shall  sprinkle,  clean,  keep  in  repair  and  free  from 
snow,  and  pave  and  repave  so  much  of  the  streets  or  other  public  places 
herein  mentioned  which  may  be  occupied  by  such  street  railways,  as  lies 
between  the  rails  of  each  railway  track  and  between  the  lines  of  double  track 
and  for  a  space  of  two  feet  outside  of  such  tracks. 

138.  Additional  terms  may  be  imposed. — Sec.  3G.  Said  common  council 
shall  have  power  to  impose  other  terms,  conditions  and  restrictions  additional 
to  those  prescribed  by  this  charter,  upon  the  grant  of  any  such  right,  priv- 
ilege or  franchise  aforesaid,  including  suitable  provisions  that  the  whole  or 
any  part  of  the  property  used  in  the  exercise  or  enjoyment  of  any  such  right, 
privilege  or  franchise  shall,  upon  the  expiration  thereof,  become  the  property 
of  said  city  with  or  without  further  compensation. 

139.  Abandoned  franchises.— Sec.  37.  All  rights,  privileges  and  fran- 
chises heretofore  granted  by  any  lawful  authority,  in,  over,  under  or  upon 
any  of  the  streets,  alleys  or  public  grounds  of  said  city,  which  have  never 
been  exercised  or  which  have  been  abandoned  or  been  disused  for  more  than 
five  years  before  the  time  when  this  charter  becomes  effective,  are  hereby 
declared  to  be  forfeited  and  invalid. 

140.  New  or  salaried  offices — Council  cannot  create.— Sec.  38.  The  com- 
mon council  of  said  city  shall  have  no  authority  or  power  to  create  any  new 
or  salaried  office  not  specified  in  this  charter,  or  in  any  manner  to  increase 
the  salary  or  compensation  of  any  officer  whose  salary  is  fixed  in  this  charter, 
or  to  employ  any  assistant  or  make  said  city  liable  for  any  services  rendered 
or  attempted  to  be.  rendered  in  performing  the  duties  imposed  by  law  upon 
any  salaried  officer  of  said  city;  but  nothing  in  this  section  shall  prevent  said 
city  and  its  officers  from  employing  such  servants  from  day  to  day  and  from 
month  to  month  as  is  authorized  by  this  charter. 

141.  Lawful  taxes,  etc. — Council  cannot  relieve. — Sec.  39.  The  common 
council  shall  not  have  the  power  or  authority  to  relieve  any  person  or  cor- 
poration from  the  payment  of  any  lawful  tax,  assessment,  fine  or  license,  or 
to  exempt  him  from  any  burden  imposed  upon  him  or  it  by  law  or  order,  or 
ordain  the  payment  of  any  demand  not  authorized  and  audited  according  to 
law. 

142.  Disputed  demands  on  contracts. — Sec.  40.  The  common  council 
shall  not  have  power  to  ordain  or  authorize  any  compromise  of  any  disputed 
demand  arising  out  of  contract  or  any  allowance  therefor  or  therein,  except 
as  provided  in  the  contract  therefor. 

143.  Damages  for  injuries. — Sec.  41.  The  common  council  shall  not 
have  power  to  ordain  or  authorize  the  compromise  or  payment  of  any  dam- 
ages claimed  for  alleged  injuries  to  persons  or  property,  except  by  ordinance 
adopted  by  a  vote  of  three-fourths  (54)  of  each  body  of  the  common  council. 

144.  Council  members  prohibited  from  soliciting  city  jobs. — Sec.  42.  No 
meinber  of  the  common  council  shall  demand.  re(|uest  or  solicit  any  depart- 
ment officer  or  employee  of  said  city  to  engage  or  hire  any  person  to  work 
for  said  city,  or  to  place  any  person  upun  the  pay-roll  of  said  cit>^ 

145.  Council  may  lease  levee. — Sec.  43.  The  common  council  of  the 
city  of  St.  Paul  are  hercl)y  authorized  by  ordinance,  to  lease  to  any  person, 
persons,  company  or  corporation  any  part  or  portions  of  the  levee  known  as 
the  West  St.  Paul  levee  in  the  Sixth  (6th)  ward  of  the  City  of  St.  Paul,  Min- 
nesota, as  the  same  is  designated  and  shown  on  the  maps  on  file  in  the  office 
of  the  commissioner  of  public  works  of  the  City  of  St.  Paul,  the  said  leases 
to  be  for  such  purposes  and  upon  such  terms  and  for  such  a  length  of  time 
as  the  common  council  of  said  city  shall  prescribe. 


THE  PUBLIC  ACCOUNTS.  3i 

CHAPTER    Y. 

Financial  Department. 

TITLE  I. 

The  Public  Accounts. 

146.  City  comptroller — Accounts — Issue  forms. — Section  1.  The  city 
comptroller  shall  be  the  head  of  the  accounting  department;  and,  save  as 
otherwise  provided  in  this  charter,  or  in  the  laws  of  the  State  of  Minnesota, 
he  shall  keep  all  accounts  and  statistics  of  the  several  city  departments,  in- 
cluding the  water  departmciit,  and  those  of  the  independent  school  district 
of  the  City  of  St.  Paul. 

The  comptroller  shall,  from  time  to  time,  prepare  and  issue  forms  for  the 
accounts,  reports,  bills,  vouchers,  orders,  receipts  and  checks,  to  be  used  by 
the  several  departments  of  the  city  government,  and  by  the  officers  of  the 
said  school  district,  in  the  transaction  of  all  such  parts  of  the  public  business 
as  concern  the  public  finances. 

The  willful  failure,  or  the  refusal,  by  any  officer,  to  use  any  such  form,  in 
the  transaction  of  the  business  for  which  the  same  was  designed  to  be 
used,  shall  be  deemed  willful  misconduct  in  office  on  the  part  of  such  officer. 

147.  Fiscal  year. — Sec.  2.  The  fiscal  year  in  all  departments  of  the  city 
shall  begin  on  January  1. 

148.  Financial  accounts — Evidences  of  city  indebtedness,  etc. — Sec.  3. 
The  comptroller  shall  keep  regular  books  of  account  in  which  shall  be  en- 
tered all  indebtedness  of  the  city,  and  which  shall  at  all  times  show  the 
precise  financial  condition  of  the  city;  the  amount  of  bonds,  orders  or  other 
evidence  of  indebtedness  lawfully  issued;  the  amount  of  the  same  which  has 
been  paid,  and  the  amount  of  each  thereof  remaining  outstanding.  He  shall 
countersign  all  bonds,  and  other  evidences  of  the  city's  indebtedness,  and 
keep  an  exact  account  and  record  of  each  instrument,  stating  to  whom  and 
for  what  purpose  the  same  has  been  issued;  he  shall  keep  accounts  with  all 
receiving  and  disbursing  officers  of  the  city,  or  of  said  school  district,  show- 
ing the  amounts  received  by  them  from  each  of  the  various  sources  of  rev- 
enue, and  the  amounts  which  they  have  disbursed  under  resolution  or  ordin- 
ances of  the  common  council,  or  other  legal  mandate. 

The  comptroller  shall,  at  all  times,  have  access  to  all  reports,  books, 
vouchers  and  acounts,  in  each  of  the  several  city  departments,  and  to  those 
of  the  board  of  school  inspectors;  and  it  shall  be  his  duty  to  frequently  in- 
spect the  same,  in  order  to  insure  the  keeping  of  the  same  properly  and 
efficiently,  and  in  the  mode  contemplated  by  law  and  this  charter. 

149.  Treasurer  to  receive  moneys — Sec.  4.  Except  as  otherwise  pro- 
vided liy  this  charter,  or  by  the  stale  laws,  all  moneys  payable  to  the  city, 
or  to  tUe  said  school  district,  shall  Ivj  payable  only  to  the  city  treasurer;  and 
all  moneys  payable  by  the  city.  >>v  by  the  said  school  district,  shall  be  paid 
onlj--  by  him. 

150.  Treasurer's  receipts. — Sec.  5.  For  all  nunieys  received  by  tlie  city 
treasurer,  he  shall  make  out  and  deliver  to  the  officer  or  person  paying  the 
same  a  receipt. 

All  receipts  issued  liv  the  treasurer  shall  be  consecutively  numbered, 
through  the  fiscal  year,  and  shall  specify  the  amount  received,  the  name  of 
the  person  or  officer  making  the  payment,  the  date  of  the  payment  and  the 
respective  sources  of  revenue  from  which  such  monej^s  are  derived.  For 
each  receipt  issued  a  memorandum  stub  shall  be  retained  by  the  treasurer, 
bearing  the  same  number  and  containing  the  substance  of  the  matters 
specified  in  the  receipt  .Vs  far  as  jiracticable,  separate  series  of  receipts 
shall    be   used    for   separate   classes   iit'   revenue.     The    stul)S   of   each    series    of 


32  CHARTER  OF  CITY  OF  ST.  PAUL. 

receipts,  issued  within  any   fiscal  j'^ear,  shall  be  bound  together  as   a  volume, 
and   retained   by  the   treasurer   as  a   permanent   record   of  his   uffice. 

151.  Moneys  under  control  of  council — Payments,  etc. — Sec.  G.  All 
moneys  belonging  to  the  city,  or  the  said  school  district,  shall  be  under  the 
control  of  the  common  council,  except  as  otherwise  provided  in  this  charter, 
and  shall  be  paid  out  only  on  the  order  of  the  comptroller,  countersigned  by 
tne  mayor  and  city  clerk,  duly  authorized  by  a  resolution  of  the  common 
council,  two-thirds  (2-3)  of  the  whole  number  of  each  body  voting  therefor. 
Every  such  resolution  shall  specify  the  precise  purpose  for  which,  and  the 
precise  fund  from  which  payment  is  to  be  made,  and  the  precise  amount  to 
be  paid. 

No  payment  shall  be  authorized  by  the  common  council,  or  made  by  the 
treasurer,  except  out  of  the  specified  fund  created  and  set  apart  for  that  pur- 
pose, in  pursuance  of  law,  and  of  this  charter. 

No  order  shall  be  drawn,  countersigned,  or  issued  until  there  shall  be  to 
the  credit  of  the  specific  fund  against  which  the  same  is  drawn  sufficient 
money  to  pay  the  same,  together  with  all  such  other  orders,  payable  out  of 
the  same  fund,  as  may  previously  have  been  issued,  and  remain  unpaid. 

The  name  of  the  fund  or  department  to  which  it  is  chargeable  shall  be 
printed  in  full  on  each  order. 

152.  Orders  on  treasury.  Sec.  7.  Before  any  order  on  the  city  treasury 
shall  be  signed  by  the  comptroller,  or  countersigned  by  the  mayor  and  city 
clerk,  for  payment  of  any  salary,  or  compensation  for  any  service  rendered 
or  for  anything  furnished  to  the  city,  or  to  the  said  school  district,  such  order 
shall  be  made  to  designate  upon  its  face  the  legislative  act,  and  the  section 
thereof,  or  the  chapter,  title,  and  section  of  this  charter,  or  the  resolution,  or 
ordinance  of  the  common  council,  giving  the  date  of  the  passage  thereof 
under  authority  of  which  such  order  is  drawn. 

153.  Orders,  to  whom  drawn. — Sec.  8.  All  orders  drawn  and  payments 
made  for  services  rendered  to  the  city,  or  to  the  said  school  district,  by  any 
officer,  deputy,  assistant  clerk,  or  other  person,  shall  be  drawn  in  favor  of, 
and  made  to  the  person  who  has  actually  rendered  such  service. 

154.  Comptroller  to  audit  claims. — Sec.  9.  Every  claim  or  demand  aris- 
ing against  the  city,  or  the  said  school  district,  shall,  before  allowance  by 
the  common  council  for  payment,  be  audited  by  the  comptroller,  who  shall 
designate  in  his  report  thereon  the  particular  fund  out  of  which  the  same  is 
payable. 

155.  Payments  by  treasurer. — Sec.  10.  Every  payment  made  by  the  city 
treasurer  shall  be  made  by  means  of  a  check  or  checks,  to  be  drawn  by  the 
treasurer,  upon  some  bank  or  banks  in  which  the  city  shall  have  moneys  de- 
posited in  acordance  with  this  chapter  belonging  to  the  particular  fund  on 
account  of  which  such  payment  is  made, .  to  at  least  the  amount  of  such 
check  or  checks,  except  as  otherwise  provided  in  this  charter,  or  by  law. 

All  checks  upon  banks  issued  by  the  city  treasurer  shall  be  numbered 
consecutively,  in  separate  series,  running  through  the  fiscal  year,  from  1  up- 
wards, assigned  to  the  several  banks  in  which  the  city  shall  have  deposits; 
and  shall,  before  the  same  are  issued,  be  countersigned  by  the  comptroller, 
who  shall  keep  a  record  of  all  such  checks  countersigned  by  him  No  bank 
check  issued  by  the  city  treasurer  shall  be  of  any  force  or  validity,  or  any 
authority  for  the  payment  of  money  thereon,  until  the  same  shall  have  been 
so  countersigned. 

For  each  bank  check  made  by  the  treasurer,  a  memorandum  stub  shall  be 
kept  by  him  bearing  the  same  number  as  the  check,  and  stating  the  date 
amount  and  payee  of  the  check,  the  date  of  the  order  under  which  the  same 
was  drawn,  and  such  other  data  as  the  comptroller  shall  prescribe.  Such 
stubs  shall  be  preserved  and  shall  belong  to  the  permanent  records  of  the 
treasurer's  office. 


TTTK  PUP.LIC  ACCOL'XTS.  .;:; 

156.  Comptrollers  accounts — Daily  statements  to  treasurer. — Sec.  11. 
The  CDinptrollcr  shall  open  and  keep  witli  eacli  separate  fnnd,  including  that 
of  the  said  school  district,  a  separate  acccjunt,  which  shall  at  all  times  show 
the  precise  state  thereof;  and  which  shall,  at  the  close  of  business  on  each 
day,  show  with  respect  to  such  fund  the  total  amount  of  money  starfding  to 
its  credit,  and  the  total  amount  of  orders  against  it  previously  issued  and 
remaining  unpaid. 

Prior  to  the  commencement  of  payments  in  the  treasurer's  office,  each 
morning,  the  comptroller  shall  make  out,  upon  a  form  adapted  to  the  pur- 
pose, and  deliver  to  the  treasurer,  a  statement  showing,  with  respect  to  each 
fund,  the  following  particulars,  to-wit: 

1.  The  amount  of  the  annual  appropriation  by  the  common  council  for 
such  fund. 

2.  The  balance  of  money  on  hand,  to  its  credit,  at  the  beginning  oi  busi- 
ness on  the  last  preceding  business  day. 

?,.  The  amount  of  the  receipts,  to  its  credit,  during  the  last  preceding 
business  day. 

4.  The  amount  of  the  payments  made  from  it.  din-ing  the  last  preceding 
business  day. 

5.  The  balance  standing  to  its  credit,  at  the  close  of  business  on  the  last 
preceding  business  day. 

6.  The  amount  of  the  orders  previously  issue<l  against  such  funds,  and 
remaining  unpaid. 

Upon  the  receipt  of  such  statement  by  the  treasurer,  and  before  the  com- 
mencement of  payments  by  him,  he  shall  examine  the  items  thereof;  and,  if 
he  shall  find  any  error  therein,  he  shall  notify  the  comptroller  thereof,  and 
have  the  proper  correction  made.  When  the  treasurer  shall  find  such  state- 
ment correct,  he  shall  sign  the  same  as  evidence  thereof,  and  shall  file  tht 
same  away,  as  part  of  the  permanent  records  of  his  office.  Such  statements 
shall  be  upon  sheets  of  form  to  permit  the  convenient  binding  of  the  same 
into  volumes,  covering  each  fiscal  year;  and  the  same  shall  be  regularly 
bound  in  a  durable  manner. 

157.  Treasurer  to  take  evidences  of  payments. — Sec.  12.  Upon  the  paj'- 
ment  by  the  treasurer  of  any  order,  note,  bond  or  coupon,  he  shall  recpiire 
the  surrender  thereof,  and  shall  take  the  same  into  his  possession,  as  evi- 
dence of  payments. 

The  comptroller  maj'  require  the  taking  by  the  treasurer  of  such  other 
evidences  of  payment,  in  any  case,  as  he  may  deem  necessarj-  for  the  due 
protection  of  the  city,  and  the  safe  or  convenient  transaction  of  its  financial 
business. 

158.  Comptroller  to  check  treasurer's  receipts  and  payments  daily. — 
Sec.  Pi.  On  each  business  day,  after  the  close  (jf  receipts  and  paj-mcnts  in 
the  treasurer's  office,  the  comptroller  shall  check  all  the  receipts  and  disburse- 
ments of  such  day;  and  the  treasurer  shall  deliver  to  the  comptroller  all  evi- 
dences of  payment  of  moneys  that  have  come  to  his  possession  during  such 
day;  the  same,  after  adequate  cancellation  of  all  instruments  in  the  form  of 
commercial  paper,  to  be  retained  as  part  of  the  records  of  the  comptroller's 
office, 'until  destruction  of  the  same  sliall  have  been  authorized  by  the  com- 
mon council. 

The  comptroller  shall  also  see  that  the  financial  statement  for  the  day, 
hereinbefore  provided  for,  has  been  signed  by  the  treasurer  as  correct. 

The  business  hours  of  the  comptroller's  and  treasurer's  offices  shall  be  so 
fixed  as  to  permit  the  convenient  transaction  of  the  business  therein,  in  the 
mode  herein  prescribed;  and,  in  event  of  failure  of  the  comptroller  and  treas- 
urer to  agree  upon  such  hours,  the  mayor  shall  make  an  order  arranging 
the  same. 

159.  Annual  funds. — Sec.  14.  The  account  with  each  of  the  annual  funds 
specilied  in  Title  2,  of  this  chapter,  shall  be  oi)ened  at  the  beginning  of  the 
year;   and   the   same   shall   at   all   times   lie   so   kept   as   to  clearlj'   show   the   re- 


34  CHARTER  OF  CITY  OF  ST.  PAUL. 

ceipts  and  payments  on  account  of  such  fund,  for  that  specific  year,  and  so  as 
to  distinguish  the  same  from  the  receipts  and  payments  on  account  of  the 
coresponding  fund  of  other  years. 

160i  Fees  to  be  turned  in  to  treasurer  daily. — Sec.  15.  Whenever,  in  pur- 
suance of  law.  or  of  this  charter,  any  otlicer  of  the  city,  or  of  the  said 
school  district,  shall  be  charged  with  the  duty  of  collecting  or  receiving  any 
fees,  or  other  moneys,  for  the  use  of  the  city,  or  of  said  school  district,  he 
shall,  under  the  direction  of  the  comptroller,  keep  full  and  accurate  accounts 
and  records  of  all  such  fees  and  moneys  by  him  received,  and  at  the  close 
of  each  day's  business  pay  all  of  the  same  then  in  his  hands  into  the  city 
treasury,  at  the  same  time  making  due  report  thereof,  to  the  city  comptroller, 
in  such  form  as  the  latter  shall  prescribe. 

161.  Division  of  moneys  prohibited. — Sec.  16.  Save  as  may  be  other- 
wise provided  in  this  charter,  or  by  law,  neither  the  common  council  nor 
any  officer  nor  board,  shall  have  the  power  to  authorize  the  diversion  of 
moneys  levied,  collected  or  received,  on  account  of  any  fund,  to  the  use  of 
any  other  fund,  or  the  borrowing  or  transferring  of  any  balance  or  pc^-tion 
of  any  fund  to   the  credit  of  another  fund. 

162.  Clerks  to  be  certified  to  comptroller. — Sec.  17.  Any  officer  of  the 
city,  or  of  the  said  school  district,  v^'ho,  under  tne  laws  of  this  state,  or  under 
the  provisions  of  this  charter,  is  entitled  to  any  sum  or  allowance  for  clerk 
hire,  or  who  is  entitled  to  any  clerk  or  assistant  in  the  performance  of  his 
official  duty,  shall,  in  writing,  certify  to  the  city  comptroller  and  to  the  mayor, 
the  name  of  such  clerk  or  assistant,  the  date  of  his  appointment,  and  the 
amount  of  compensation  he  is  to  receive;  and  whenever  such  clerk  or  assist- 
ant named  in-  such  certificate  ceases  to  act  as  such,  said  officer  shall  forth- 
with certify  such  fact  to  the  comptroller  and  to  the  mayor. 

163.  Requests  for  appropriations  must  be  itemized. — Sec.  18.  Every  re- 
quest made  to  the  common  council  for  authority  to  make  any  purchase  for 
said  city,  or  for  said  school  district,  or  otherwise,  to  create  any  liability 
against  the  city,  or  said  school  district,  shall,  save  as  otherwise  expressly 
provided  in  this  charter,  be  itemized. 

TITLE  2. 

The  Public  Expenditures. 

164.  Comptroller  to  report  to  conference  committee. — Section  1.  It  shall 
be  the  dutj-  of  the  comptroller,  not  later  than  the  month  of  November  of 
each  and  every  year,  to  report  to  the  conference  committee,  hereinafter  in 
Title  7  of  this  chapter  provided  for.  an  estimate  of  the  expenses  of  the  city 
for  the  next  succeeding  fiscal  year,  and  of  the  revenue  necessary  to  be  raised 
for  said  year.  Said  estimate  shall  be  itemized  so  as  to  clearly  show  the 
amount  necessary  to  be  raised  for  each  of  the  purposes  necessary  to  carry  on 
the  business  and  financial  affairs  of  said  city,  as  these  purposes  are  hereinafter 
in  this  chapter  set  forth,  and  said  estimate  shall  also  show  an  itemized  state- 
ment of  the  probable  amount  which  the  said  city  will  receive  during  the  next 
succeeding  fiscal  year  from  sources  other  than  the  direct  taxation  of  property. 

165.  Conference  committee  to  prepare  estimate — Public  hearing — Report 
to  council. — Sec.  2.  On  receiving  such  report  from  the  city  comptroller 
the  conference  committee  shall  in  the  month  of  November  of  each  year, 
make  out  an  estimate  of  the  amount  of  expenditures  which  will,  in  its  opin- 
ion, be  required  by  each  of  the  departments  of  the  city  government,  and 
by  the  independent  school  district,  of  St.  Paul,  for  the  prudent  and  economi- 
cal administration  of  the  public  affairs  under  its  charge  during  the  next  fol- 
lowing fiscal  year.  Such  estimate,  so  made  out,  shall  be  known  as  the  con- 
lerence  committee's  report,  and  is  hereinafter  in  this  chapter  so  designated 


Till-:  PL'iiLic  F.xpi'Xnrnui-.s.  ;].5 

In  said  conference  ccMiimittee's  report,  the  estimated  expenditures  shall 
be  classified  according  to  the  funds  hereafter  in  this  chapter  provided  for,  the 
estimated  amount  of  each  fund  shall  be  itemized  so  as  to  show  with  reason- 
able clearness  and  exactness  the  various  purposes  for  which  such  proposed 
expenditures  are  to  be  made,  and  the  total  amount  for  each  department,  and 
for  said  school  district,  shall,  in  no  case,  exceed  the  maximum  amount  per- 
mitted to  be  expended  therefor,  as  hereinafter  in  this  chapter  prescribed. 
The  said  conference  committee's  report  shall  also  include  an  approximate 
estimate  of  the  rate  of  taxation  of  real  and  personal  property  in  the  city 
which  will,  in  the  opinion  of  said  conference  committee,  be  required  in  order 
to  meet  the  expenditures  by  it  so  estimated,  and  there  shall  be  noted  in  said 
report  the  amount  by  which  the  estimated  expenditures  for  each  purpose  ex- 
ceeds or  falls  short  of  the  estimated  expenditure,  if  any,  for  the  same  pur- 
pose made  in  the  conference  committee's  report  for  the  next  preceding  year. 
On  the  completion  of  said  conference  committee's  report  the  same  shall  be 
published  in  the  official  paper  of  the  city.  Ten  (10)  days  after  the  publication 
of  said  conference  committee's  report,  said  conference  committee  shall  hold  a 
public  meeting,  at  which,  under  such  rules  and  regulations  as  it  may  pre- 
scribe, it  shall  hear  such  persons  as  may  desire  to  be  heard  in  reference  to 
said  estimated  expenditures,  and  receive  such  communications  in  writing  as 
may  be  addressed  it  in  reference  to  the  same.  The  said  conference  commit- 
tee shall  thereafter  further  cdnsider  said  report,  and  make  such  changes 
therein,  within  the  limits  herein  prescribed,  as  in  its  judgment,  may  be  desir- 
able or  necessary  Said  conference  committee's  report  shall,  thereupon  be 
transmitted  by  said  conference  committee  to  the  common  council  some  time 
during  the  first  week  in  December  in  each  fiscal  year. 

166.  Council  to  fix  expenditures — City  officers  limited  to  such  amounts — 
Penalty. — Sec.  :!.  Upon  the  receipt  of  said  conference  committee's  report, 
and  in  the  month  of  December  of  each  year,  the  common  council  shall,  by 
ordinance,  to  be  adopted  by  a  two-thirds  (2-3)  vote  of  all  members  of  each 
body,  fix  the  amount  of  the  expenditures  in  dollars  that  may  be  incurred  by 
the  several  departments  of  the  city  government,  and  by  the  independent 
school   district  of   the   city  of  St.   Paul,   during  the   next   following   fiscal   year. 

No  department,  board  or  officer  shall  have  any  power  or  authority  to 
expend  any  of  the  public  moneys  or  to  incur  any  liability,  on  behalf  of  the 
city,  or  of  the  said  school  district,  in  any  fiscal  year,  in  excess  of  the  amount 
so  fixed  by  the  common  council. 

If  any  officer  or  board  shall,  within  any  fiscal  year,  assume  to  incur,  on 
behalf  of  the  city,  or  of  said  school  district,  anj-^  liability  which  would  have 
the  effect  of  causing  the  total  expenditures  made  and  incurred  during  the 
fiscal  year,  by  any  department,  "or  by  the  said  school  district,  to  exceed  the 
sum  of  the  said  annual  appropriation  therefor  by  the  common  council,  such 
action  shall  be  deemed  malfeasance  in  office  by  the  officers  concurring  there- 
in, who  shall  be  personally  liable  to  the  other  contracting  parties  for  the 
excess. 

167.  Annual  funds  named — Amounts  limited. — Sec.  4.  The  expenditures 
of  the  city,  and  of  the  said  school  district,  shall  be  made  through  the  funds, 
hereinafter  in  this  section  named,  to  which  the  annual  appropriations  of  the 
common  council  shall  conform.     Said  funds  are  as  follows,  that  is  to  say: 

1.  To  provide  for  paying  the  interest,  to  accrue  within  the  year,  on  all 
outstanding  bonds  and  certificates  of  indebtedness,  made  or  assumed  bj'  the 
city  as  general  obligat-ons  thereof. 

2.  To  provide  additions  to  the  sinking  fund  for  paying  off  the  said  bonds 
at  the  maturity  thereof. 

3.  To  provide  for  paying  the  principal  of  any  such  certificates  of  indebt- 
edness to  mature  within  the  year  and  also  for  pajnng  the  principal  of  any 
such  bonds  to  mature  within  the  year  which  cannot  be  paid  out  of  the  sinking 
fimd  and  which  arc  not  funded  or  otherwise  renewed. 

4.  To  provide  for  the  sui-)])ort  and  maintenance  of  the  fire  department 
of  the  city. 


36  CHARTER  OF  CITY  OF  ST.  PAUL. 

The  total  expense  of  the  administration  of  said  department,  including  all 
expenditures  for  lands,  buildings,  rents,  s,tores,  fuel,  horses,  apparatus  and 
appliances  of  every  description,  salaries,  wages,  and  all  other  outlay,  whether 
of  a  temporary  or  permanent  nature,  shall  not  in  any  year  exceed  the  sum 
of  two  hundred  and  forty-live  thousand  ($.^45,000.00)  dollars,  in  addition  to 
any  unexpended  balance  remaining  in  said  fire  department  fund  from  the 
preceding  year. 

5.  To  provide  for  the  support  and  maintenance  of  the  police  department 
of  the  city. 

The  total  expense  of  the  administration  of  the  police  department,  includ- 
ing compensation  of  pound  masters,  and  all  expenditures  for  lands,  buildings, 
rents,  stores,  fuel,  horses,  apparatus  and  appliances  of  all  kinds,  salaries, 
wa.ges,  and  all  other  outlay,  whether  of  permanent  or  temporary  nature, 
shall  not,  in  an3r  year,  exceed  the  sum  of  two  hundred  and  fourteen  thousand 
($214,000.00)  dollars,  in  addition  to  any  unexpended  balance  remaining  in 
said  police  department  fund  from  the  preceding  year. 

6.  To  provide  for  lighting  the  city. 

7.  To  provide  for  the  payment  by  said  city  of  its  bills  and  expenditures 
for  water. 

8.  To  provide  for  the  payment  by  the  city  of  its  portion  of  the  expendi- 
tures of  the  board  of  control. 

9.  To  provide  for  the  support,  maintenance  and  equipment  of  the  public 
free  schools  of  the  independent  school  district  of  the  City  of  St  .Paul,  includ- 
ing all  expenditures  connected  therewith.  The  limits  of  the  annual  appro- 
priation and  expenditures  for  this  purpose  shall  be  as  follows: 

First — The  sums  permitted  to  be  raised  for  such  purposes  by  the  pro- 
visions of  Section  6  of  Chapter  36  of  the  Special  Laws  of  Minnesota  for  1891, 
and  by  Chapter  40  of  the  General  Laws  of  Minnesota  for  1899,  which  are  con- 
tinued in  force,  adopted  and  made  applicable  to  the  City  of  St.  Paul  by  Chap- 
ter 11  of  this  charter. 

Second — Such  amounts  as  accrue  to  said  school  district  from  other 
sources  under  the  laws  of  this  state. 

Third — If  the  maximum  amount  of  money  available  for  the  expenses  of 
the  public  free  schools  of  said  school  district  under  the  provisions  of  law 
included  in  said  Chapter  11,  together  with  the  said  several  amounts  accruing 
to  said  school  district  from  other  sources  under  the  laws  of  -this  state,  shall 
be  insufficient  in  any  year  for  the  economical  support,  maintenance  ana  equip- 
ment of  said  schools,  the  common  council  may  appropriate  and  set  aside  out 
of  that  part  of  the  revenues  of  the  city  for  such  year  arising  from  sources 
other  than  the  direct  taxation  of  property,  such  additional  sum  as  may  be 
necessary  for  the  economical  and  proper  support,  maintenance  and  equipment 
of  said  schools.  Provided,  however,  that  the  maximum  amount  which  may 
be  expended  for  all  school  purposes  within  said  independent  school  district, 
other  than  the  purchase  and  acquiring  of  new  or  additional  sites  and  the 
erection  of  new  public  school  buildings  or  additions  to  public  school  build- 
ings already  erected  and  for  fitting  up  and  furnishing  such  additional  public 
school  buildings,  and  such  additions  to  existing  public  school  buildings, 
from  whatever  sources  such  amount  may  be  derived,  shall  not  in  any 
year  exceed  a  sum  in  dollars  to  be  found  by  multiplyin'g  by  twenty- 
five  (25)  the  average  number  of  puoils  in  attendance  on  all  the  public  free 
schools  of  the  city  supported  by  public  revenues,  during  the  next  preceding 
school  year;  provided,  further,  that  in  the  year  1901  the  said  common  council 
may  appropriate  and  set  apart  in  addition  to  the  maximum  amount  limited  as 
aforesaid  from  out  of  the  revenues  of  said  city  for  such  year  arising  from 
sources  other  than  the  direct  taxation  of  property,  a  sum  not  to  exceed  seven- 
tj'-five  thousand  (75,000)  dollars,  to  be  used  in  repairing,  renewing  and  im- 
proving existing  public  school  buildings,  and  the  heating,  plumbing  and  ven- 
tilating apparatus  thereof  and   for  such  purposes  only. 

Li  order  to  determine  what  sum  shall  be  appropriated  for  the  purposes 
named  in  this  subdivision  from  the  city's  revenues  derived  from  sources 
other  than  the  direct>  taxation  of  property,  the  common   council   shall  proceed 


THE   PUI'.LIC   EXFF.XDITURES.  ?.l 

on  the  assumption  that  the  amount  to  accrue  to  said  school  district  from  the 
state  apportionment  so-called  will  be  the  same  during  the  next  succeeding 
year  as  it  has  been  during  the  then  current  year,  and  that  the  amount  to  ac- 
crue to  said  school  district  from  the  direct  taxation  levied  therefor  will  be  the 
full  amount  levied. 

In  order  to  ascertain  the  average  number  of  pupils  in  attendance  on  said 
schools  as  herein  defined  the  conference  committee  and  said  common  council 
shall  have  the  power  and  authority  to  summon  such  witnesses  and  examine 
the  same  under  oath  and  require  and  secure  such  aftidavits  and  other  evidence 
as  they  or  either  of  them  or  any  branch  of  said  common  council  may  deem 
desirable.  And  no  tax  levy  or  proceeding  for  the  levy  or  collection  of  any 
taxes  for  the  support  of  said  schools  or  any  appropriation  made  therefor 
shall  be  invalidated  by  reason  of  any  error  in  the  computation  of  such  aver- 
age number  of  pupils  in  attendance  on  said  schools,  or  in  the  amount  of 
funds  available  for  the  support  and  maintenance  of  such  schools.  No  part 
of  any  appropriation  herein  provided  for  shall  be  used  for  erecting  any  ad- 
ditional public  school  buildings  unless  authorized  by  ordinance  of  the  com- 
mon council  passed  by  the  votes  of  at  least  three-fourths  (Y^)  of  all  the 
members  of  each  body  thereof. 

The  city  comptroller,  in  case  of  an  appropriation  for  the  purpose  of  ac- 
quiring new  or  additional  sites,  or  for  the  erection  of  new  buildings,  or  any 
new  addition  to  a  building,  or  for  fitting  up  and  furnishing  the  same,  shall 
open  a  separate  account  to  be  known  as  the  "School  Accommodation  Ac- 
count," to  which  he  shall  credit  all  amounts  so  set  apart  and  to  which  he  shall 
charge  all  expenditures  made  therefrom  by  the  common  council;  and  he  shall 
make  all  such  reports  in  regard  to  the  condition  of  said  funds  and  such  rec- 
ommendations concerning  the  same  as  he  is  required  by  this  charter  to  make 
in  regard  to  other  separate  funds. 

10.  To  provide  for  the  paymment  by  the  cit}^  of  its  propi)rtion  of  the 
maintenance  of  the  court  house  and  city  hall. 

n.     To  provide  for  the  support  of  the  workhouse  of  the  city. 

The  total  expenditures  for  said  purpose  shall  not,  in  any  year  exceed  the 
sum  of  twenty-five  thousand  (25,000)   dollars. 

12.  To  provide  for  the  payment  of  the  salaries,  clerk  hire  and  incidental 
expenses  of  the   department   of  the  commissioner  of  public   wurks. 

The  total  expenditures  for  all  said  purposes  shall  not,  in  anj'  year,  ex- 
ceed the  sum  of  thirty  thousand  (.30,000)   dollars. 

1.3.  To  provide  for  the  payment  of  the  salaries,  clerk  liire  and  incidental 
expenses  of  the  board  of  public  works. 

The  total  expenditures  for  all  said  purposes  shall  not  in  any  year,  exceed 
the  sum  of  twelve  thousand   (12,000)   dollars. 

14.  To  provide  for  the  payment  of  salaries,  clerk  hire  and  incidental  ex- 
penses in  the  several  offices  and  departments  of  the  city  government,  not 
specifically  mentioned  in  this  section. 

The  total  amount  of  expenditures  in  any  year  for  such  salaries  and  clerk 
hire  shall  not  exceed  the  aggregate  of  the  several  amounts  allowed  for  sal- 
aries and  clerk  hire  in  the  several  offices  and  departments  by  this  charter, 
or  by  some  law  of  this  state  supplementary  or  paramount  to  this  charter. 

15.  To  provide  for  cleaning  and  repairing  streets,  sewers,  sidewalks  and 
crosswalks. 

The  total  amount  of  expenditure  in  any  one  year  for  all  of  said  purposes, 
other  than  that  paid  by  special  assessment,  shall  not  exceed  the  sum  of  two 
hundred  thousand  ($200,000)  dollars,  in  addition  to  any  unexpended  balance 
remaining  in  said  street  and  sewer  fund  from  the  pereceding  year. 

10.     To  provide  for  building  and  repairing  bridges. 

17.  To  provide  a  judgment  fimd  for  the  payment  of  any  docketed  and 
uni)ai(l  judgment  against  the  city. 

18.  To  provide  for  printing  and  stationery  for  all  departments  of  the 
city. 

10.     To  provide  for  the  support  of  the  municipal  court  of  the  city. 
20.     To  provide   for  the   support   of  a   public   library  and   library   buildin.g, 
and  in   connection   therewith   a   museum   and   art   gallery;   provided,   that   when 


210678 


38  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  as  soon  as  a  site  therefor  shall  hereafter  either  be  donated  or  otherwise 
obtained,  and  a  library  building  or  a  library  building  and  a  museum  and  art 
gallery  shall  either  be  donated  or  constructed  thereon  out  of  funds  donated 
for  that  purpose  and  not  accruing  from  taxation,  such  building  to  cost  not 
les.s  than  two  hundred  thousand  (200,000)  dollars,  then  the  annual  appropria- 
tion for  the  purposes  named  in  this  subdivision  shall  be  a  sum  equal  to  the 
proceeds  derived  from  a  one-half  (J/2)  of  one  mill  tax  on  all  the  taxable  prop- 
erty within  the  corporate  limits  of  said  city. 

21.  To  provide  for  the  maintenance  and  improvement  of  public  parks, 
parkways,  drives  and  other  grounds  under  the  jurisdiction  of  the  board  of 
park  commissioners,  not  exceeding  in  any  one  year  the  sum  of  ninety 
thousand  ($90,000)  dollars,  in  addition  to  any  unexpended  balance  remaining 
in  said  fund  at  the  end  of  each  fiscal  year,  and  in  addition  to  all  moneys  re- 
ceived by  said  board  from  donations  or  from  the  lease  of  operation  of 
privileges  or  other  sources  incident  to  the  maintenance  and  management  of 
the  public  parks. 

22.  To  provide  a  general  fund  for  the  current  and  incidental  expenses  of 
the  city  not  hereinbefore  specified  and  provided  for,  in  which  may  be  included 
a  contingent  fund  not  to  exceed  ten  thousand  (10,000)  dollars  to  be  used  by 
the  common  council  for  such  purposes  as  it  shall  deem  calculated  to  promote 
the  general  welfare  of  the  city. 

23.  To  provide  for  the  support  of  the  health  department  of  said  city, 
not  exceeding,  however,  in  any  one  year,  the  sum  of  twelve  thousand 
($12,000)  dollars,  in  addition  to  any  unexpended  balance  remaining  in  the 
health  department  fund  from  the  preceding  year;  except  that  in  case  of  in- 
vasion or  threatened  invasion  of  the  city  by  dangerous  epidemic,  the  com- 
mon council  may,  by  ordinance  to  be  passed  by  at  least  three-fourths  of  all 
the  members  elect  of  each  body,  authorize  additional  expenditure  to  be  made 
from  the  general  fund,  as  the  same  is  herein  provided  for.  The  commissioner 
of  health  shall  appoint  an  assistant  commissioner  of  health,  who  shall  be  a 
physician  in  regular  practice,  and  such  number  of  inspectors  as  may  be  nec- 
essary, and  shall  fix  the  salary  and  compensation  of  said  assistant  and  in- 
spectors, provided  always  that  the  total  expenditure  of  said  department  dur- 
ing any  year  shall  not  exceed  the  appropriation  therefor  as  above  provided. 
Any  other  requirements  of  the  charter  in  conflict  with  the  foregoing  pro- 
visions are  hereby  repealed. 

The  provision  contained  in  section  3,  title  2  of  chapter  6  of  said  charter 
imposing  upon  the  commissioner  of  public  works  the  duty  of  collecting  and 
disposing  of  garbage  and  other  waste  matter  is  hereby  repealed,  and  here- 
after the  duty  of  collecting  and  disposing  of  garbage,  dead  animals  and  other 
waste  matter,  except  stable  refuse  and  night  soil,  is  hereby  imposed  upon  the 
department  of  health,  and  such  work  shall  be  done  under  the  direction  and 
supervision  of  the  commissioner  of  health,  and  a  fund  shall  be  provided 
therefor  by  taxation,  to  be  known  as  the  'Garbage  Fund'  which  shall  not  ex 
ceed  in  any  one  year  the  sum  of  twenty-five  thousand  ($25,000.00)  dollars, 
in  addition  to  any  unexpended  balance  remaining  in  said  fund  from  the  pre- 
ceding year,  and  in  addition  to  all  moneys  received  from  the  sale  and  dis- 
posal of  garbage,  dead  animals  and  other  refuse  matter,  which  receipts  shall 
be  credited  to  said  fund. 

The  commissioner  of  health,  within  the  limit  of  such  appropriation,  shall 
have  the  power  to  employ  such  help  and  assistance  as  may  be  necessary  to 
enable  him  to  discharge  the  duties  hereby  imposed,  and  shall,  with  the  ap- 
proval of  the  common  council,  fix  the  compensation  of  all  employes,  outside 
of  the  health  department  proper,  who  are  engaged  in  the  collection  and  dis- 
posal of  garbage,  dead  animals   and  other  waste   matter. 

24.  To  provide  for  the  sprinkling  of  streets,  lanes,  alleys  and  other  pub- 
lic places  in  said  city,  except  parks  and  parkways.  The  total  expenditure  in 
any  year  for  all  of  said  purposes  shall  not  exceed  the  sum  of  forty  thousand 
(40,000)  dollars. 

168.  Economy  imposed. — Sec.  5.  The  amount  of  money  appropriated 
bj'  the  common  council   and  expended  by  the  several  officers  and  departments 


THE  PUBLIC  REVENUES.  -.0 

of  the  city  government,  and  by  the  said  school  district,  shall  only  be  such  as 
will  be  necessary  for  an  economical  administration  of  the  city  affairs. 

TITLE  3. 
The  Public  Revenues. 

169.  Miscellaneous  receipts — Estimate — Apportionment. — Section  1.  Aft- 
er the  common  council  shall  have  made  the  annual  appropriation  for  the 
expenditures  of  the  several  departments  of  the  city  government,  and  for  the 
independent  school  district  of  the  City  of  St.  Paul,  as  provided  in  the  last 
preceding  title  of  this  chapter,  and  not  later  than  the  month  of  January  of  the 
year  for  which  such  appropriations  were  made,  the  common  council  shall 
make  an  estimate  of  the  probable  receipts,  within  the  year,  from  liquor,  butch- 
er's, dog,  dray,  wagon,  truck,  express,  theater,  circus  and  other  licenses,  and 
also  from  the  municipal  court,  market  house  and  markets,  workhouse,  build 
ing  inspector's  permits,  poundage,  and  from  all  other  sources,  save  general 
taxation  or  special  assessments,  or  where  moneys  are  received  by  the  city 
treasury  for  some  specific  use,  and  shall,  upon  the  completion  of  the  said 
estimate,  by  ordinance,  apportion  the  amount  of  the  same,  according  to  its 
discretion,  among  some,  or  all,  the  said  funds  specified  in  section  four  (4) 
of  title  two  (2)  of  this  chapter;  except  that  from  said  miscellaneous  sources 
there  shall  in  any  year,  be  apportioned  to  the  fund  appropriated  for  school" 
purposes,  no  more  than  is  necessary,  together  with  'the  amounts  estimated,  as 
hereinbefore  provided,  to  be  derived  from  other  sources,  to  make  up  the  max- 
imum amounts  permitted  under  this  charter  to  be  expended  for  school  pur- 
poses. In  making  such  apportionment,  specific  sums  shall  be  assigned  to 
each  fund  participating  therein  other  than  the  general  fund;  to  which  lai 
ter  the  residue  of  said  miscellaneous  receipts  shall  be  assigned,  after  the  sat- 
isfaction of  the  amounts  specifically  apportioned. 

From  time  to  time,  as  receipts  from  the  said  miscellaneous  sources  come 
into  the  treasury,  the  comptroller  shall  distribute  the  same  among  the  differ- 
ent funds  to  which  the  same  have  been  apportioned  by  the  common  council, 
upon  the  basis  of  such  apportionment  so  that  each  fund  authorized  by  the 
common  council  to  share  in  said  receipts  shall  have  credited  to  it  the  full 
proportion  designated  by 'the  common  council. 

170.  Property  subject  to  taxation. — Sec.  2.  All  property,  real  and  per- 
sonal, within  the  city,  except  such  as  may  be  exempt  from  taxation  by  the 
laws  of  the  state,  shall  be  subject  to  taxation  for  the  support  of  the  city  gov- 
ernment, and  of  the  public  free  schools  of  the  independent  school  district  of 
the  City  of  St.  Paul,  and  the  same  shall  be  assessed,  as  provided  by  law. 

171.  Tax  levy — When  and  how  made. — Sec.  .3.  After  the  common  coun- 
cil shall  have  made  the  apportionment  of  revenues  from  miscellaneous  sources 
among  the  several  funds,  as  provided  in  section  one  (l)  of  this  title,  it  shall, 
not  later  than  the  month  of  January,  in  each  year,  proceed  to  make  a  tax  levy 
upon  all  the  taxable  property  within  the  city,  as  nearly  as  may  be  equal  to 
the  aggregate  amount  of  the  previously  made  appropriation  for  each  of  the 
said  funds,  specifi'ed  in  section  four  (4)  of  title  two  (2)  of  this  chapter,  after 
deducting  therefrom  the  proportion  of  miscellaneous  receipts  so  assigned  to 
it,  and  any  unexpended  balance  of  the  corresponding  fund  of  the  previous 
year.  All  such  tax  levies  shall  be  itemized,  and  the  amount  for  each  fund  be 
separately  stated  therein. 

172.  Copy  to  county  auditor. — Sec.  4.  After  the  making  of  the  said  tax 
levy,  a  duly  authenlicaled  co])y  thereof  shall  forthwith  be  transmitted  to  the 
county  auditor  of  Ramsey  County,  who  shall  cause  the  same  to  be  entered 
upon  the  tax  duplicate  of  said  county,  and  to  be  collected,  at  the  times  and 
in  the  manner  prescribed  by  the  general  laws  of  this  statx^  rel.itinu-  |o  the  levy 
and  Collection  of  ta.xes. 


40  CHARTER  OF  CITY  OF  ST.  PAUL. 

173.  Water  department — Receipts  kept  separate. — Sec.  5.  All  revenues 
and  receipts  ul  llic  water  supplj-  department  shall  be  kept  separate  and  dis- 
tinct from  the  other  revenues  and  income  of  the  city,  and  shall  be  exclusive- 
ly applied  to  the  payment  of  the  expense  of  conducting  the  business  of  that 
department,  the  repairs  and  maintenance  of  the  plant  and  property  consti- 
tuting the  public  waterworks,  the  payment  of  the  interest  and  principal  of 
all  the  bonds  heretofore  or  hereafter  issued  by  the  city  for  the  acquisition, 
extension,  renewal  or  improvement  of  said  works,  and  the  payment  for  such 
future  extensions  and  improvements  of  the  same,  as  may  be  made  by  the  city. 

174.  Districts  exempted  from  certain  payments  on  public  debt. — Sec.  6. 
The  proviso  of  section  ten  (10)  of  chapter  one  (1)  of  the  Special  Laws  of 
JSlinnesota  for  the  year  1872,  approved  February  twenty-ninth  (29)  one 
thousand  eight  hundred  and  seventy-two  (1872)  entitled  ''An  act  to  amend 
the  charter  of  the  City  of  St.  Paul,"  in  the  words  following,  viz.: 

"Provided,  that  no  assessment  or  levy  of  any  tax  shall  be  made  upon 
any  part  of  the  property,  real  or  personal,  embraced  within  the  enlarged 
limits  of  said  city,  as  extended  by  this  act,  for  the  payment  of  any  portion 
of  the  interest  and  principal  of  the  existing  indebtedness  of  said  city,  funded 
or  otherwise.  In  all  assessments  or  levies  of  taxes  for  payment  of  such  in- 
debtedness, the  lands  and  property  embraced  in  such  enlarged  limits  shall  be 
expresslj-  omitted." 

And  so  much  of  section  three  (3)  of  chapter  thirty-six  (36)  of  the  Special 
Laws  of  Minnesota  for  tlic  year  1873,  approved  March  sixth  (6th),  one  thou- 
sand eight  hundred  and  seventy-three   (1873),  entitled: 

"An  act  to  extend  the  limits  of  the  City  of  St.  Paul,"  in  the  words  fol- 
lowing, viz.: 

"It  is  hereby  expressly  declared  that  neither  the  territory  hereby  added 
to  said  city,  nor  the  lands,  tenements  or  hereditaments,  nor  the  personal  prop- 
erty of  any  resident,  situate  and  being,  or  which  may  be  situate  on,  said  ter- 
ritory hereby  added  to  said  city,  shall  ever  be  assessed  or  taxed  for  the  pay- 
ment of  any  part,  either  principal  or  interest,  of  the  existing  debt  of  'said 
city,  either  funded  or  otherwise,  but  all  assessments  or  levies  of  taxes  for 
said  antecedent  indebtedness  of  said  city  aforesaid,  is  hereby  expressly  pro- 
hibited." 

And  the  proviso  in  section  two  (2)  of  an  act  approved  March  ninth  (9th), 
one  thousand  eight  hundred  and  seventy-four  (1874),  entitled,  "An  act  to  de- 
tach certain  territory  in  Dakota  county,  and  annex  the  same  to  the  County 
of  Ramsey,"  in  the  words  following,  viz.: 

"Provided,  that  no  assessment  or  levy  of  any  tax  shall  be  made  upon  any 
part  of  the  property,  real  or  personal,  embraced  within  the  enlarged  limits 
of  the  city,  as  extended  by  this  act,  for  the  payment  of  any  portion  of  the 
interest  and  principal  of  the  existing  indebtedness  of  said  city  funded  or 
otherwise." 

And  so  much  of  section  three  (3)  of  chapter  two  hundred  and  eighty- 
one  (281)  of  the  Special  Laws  of  one  thousand  eight  hundred  and  eighty-five 
(1885),  as  amended  by  chapter  one  hundred  and  four  (104)  of  the  Special 
Laws  of  one  thousand  eight  hundred  and  eighty-five  (I88f5),  in  the  words  fol- 
lowing, viz.: 

"No  assessment  or  levy  of  any  tax  shall  be  made  upon  au}^  part  of  said 
new  territory  for  the  payment  of  any  portion  of  the  principal  or  interest  of 
the  existing  bonded  indebtedness,  and  of  any  bonded  indebtedness  that  may 
be  authorized  at  the  present  session  of  the  legislature  of  the  State  of  Min- 
nesota, or  of  any  bonded  indebtedness  which  may  have  been  heretofore  au- 
thorized but  not  issued." 

And  so  much  of  section  three  (3)  of  an  act  approved  February  eighth 
(8th),  one  thousand  eight  hundred  and  eighty-seven  (1887).  entitled,  "An  act 
to  extend  the  limits  of  the  City  of  S't.  Paul,"  in  the  words  following,  viz.: 

"No  assessment  or  levy  of  any  tax  shall  be  made  upon  any  part  of  said 
new  territory  for  the  payment  of  any  portion  of  the  principal  or  itnerest 
of  the  existing  bonded  indebtedness  and  of  any  bonded  indebtedness  that  may 
be  authorized  at  the   present  session  of  the  legislature  of  the   State  of  Min- 


THE  PUBLIC  FUNDED  DEBT.  41 

nesota,  or  of  ain-  bonded  indebtedness  which  may  have  been  heretofore  au- 
thorized, but  not  issued."  .And  all  other  laws  now  in  force  which  exempt 
any  portion  of  the  city  from  any  specific  burden  of  taxation  are  each  and  all 
herebi'  continued  in  force. 

175.  Unexpended  balance — Term  defined. — Sec.  7.  The  term  "unexpend- 
ed balance,"  as  used  in  this  title,  means  moneys  in  the  city  treasury  at  the 
close  of  any  fiscal  year,  to  the  credit  of  any  fund,  in  excess  of  the  require- 
ments for  meeting  the  expenditures  lawfuly  chargeable  to  that  fund,  in  the 
same  and  prior  years,  including  the  interest  and  principal  of  all  tax  levy  cer- 
tilicates  that  may  have   been  issued  to  provide  moneys   therefor. 

176.  Special  assessment  proceeds — Application  for  refunds. — Sec.  8.  The 
proceeds  of  any  special  assessment  shall  form  a  separate  fund,  applicable  only 
to  the  purposes  for  which  such  assessment  was  made;  and  any  residue  re- 
maining in  the  treasury  to  the  credit  of  any  such  fund,  after  all  liabilities 
properly  chargeable  against  the  same  have  been  paid,  shall,  to  the  extent  that 
such  residue  arises  from  the  payment  of  the  principal  of  such  assessments,  be 
refunded  to  the  parties  paying  the  same,  or  their  assigns,  in  proportion  to  the 
amounts  of  such  principal  paid  by  them,  respectively,  and,  to  the  extent  that 
such  residue  arises  from  the  payment  of  interest  and  penalties,  the  same  shall 
be  transferred  to  the  sinking  fund  mentioned  in  this  chapter. 

Every  application  for  a  refund  of  money  paid  on  special  assessment  shall 
be  made  in  writing  to  the  comptroller,  within  the  period  of  six  (6)  years 
after  the  payment  of  such  money  to  the  city  treasurer,  and  the  failure  to  make 
application  therefor  within  said  period,  shall  terminate  all  right  to  such  re- 
fund. After  the  right  to  such  refund  shall  have  lapsed,  as  aforesaid,  the  sum 
previously  held  subject  thereto,  shall  also  be  transferred  to  the  said  sinking 
fund. 

177.  Schools  retain  revenues. — Sec.  9.  The  revenues,  if  any,  derived  from 
the  public  schools  of  the  said  school  district  shall  belong  to  the  said  fund 
provided  for  the  maintenance  of  the  said  schools. 


TITLE  4. 
The  Public  Funded  Debt. 

178.  Bonded  indebtedness  limited — Interest  and  sinking  fund. — Section  t 
Save   as   provided   in    the    next   following   section,   the    present    bonded   or   per- 
manent  debt  of  the   city   shall   not  be   increased;   nor   shall   any  new   bonds   of 
the  city  be  issued  except  as  provided  by  law. 

The  common  council  is  fully  authorized  and  empowered  to  provide  by 
taxation  for  the  prompt  payment  of  interest,  and  for  a  sinking  fund  sufficient 
to  me'et  such  bonds,  and  all  other  bonds  of  the  city,  at  maturity,  whether 
heretofore  issued  or  hereafter  to  be  issued. 

179.  Refunding  bonds  authorized. — Sec.  2.  The  city  shall  have  the  power 
to  issue  bonds  as  provided  by  section  ten  (10)  of  chapter  three  hundred  and 
fifty-nne  (351).  General  Laws  of  1S99,  for  refundin'?  bonds  previously  issued, 
but   for  none  of  the  other  purjioses  mentioned  in  said  section. 

180.  Faith  and  credit  of  city  pledged  for  bonds — Funds  may  be  trans- 
ferred.— Sec.  :;.  Whenever  in  the  opinion  of  the  common  council  il  becomes 
necessary  to  do  so,  and  said  council  shall,  by  ordinance,  authorize  the  same, 
any  of  the  funds  of  the  city,  save  funds  collected  from  special  assessments, 
and  save  funds  collected  for  the  support  of  the  free  public  schools  of  the 
city,  may  be  transferred  to  the  credit  of  the  fund  desigjiated  for  the  payment 
of  the  principal  and  interest  of  the  bonded  indebtedness  of  the  City  of  St. 
Paul;  and  the  faith  and  credit  of  the  city  is  hereby  irrevocably  pledged  for 
the  prompt  and  faithful  payment  of  said  bonded  indebtedness,  and  the  in- 
terest thereon,  as  in  the  said  bonds  jirovided. 


43  CHARTER  OF  CITY  OF  ST.  PAUL. 

181.  Sinking  fund  provided. — Sec.  4.  A  sinking  fund,  to  be  used  toward 
the  payment  and  retirement  of  the  bonded  debt  of  the  city  shall  be  created 
out  of  the  moneys  derived  from  the  following  named  sources: 

1.  Such  taxes  as  the  common  council  may,  from  time  to  time,  levy  for 
the  purpose,  in  pursuance  of  law  or  of  this  charter. 

2.  The  proceeds  of  the  sale  of  any  property  belonging  to  the  city,  not 
otherwise  appropriated  or  set  apart  by  law  or  by  this  charter,  and  which 
shall  not,  within  one  year  after  its  receipt  by  the  city  treasurer,  have  been 
expended  in  or  specially  appropriated  or  set  apart  for  the  acquisition  of  other 
property,  for  some  public  use,  in  pursuance  of  law,  or  of  this  charter. 

3.  The  proceeds  of  taxes  levied  for  any  fund  or  department  that  may 
have  heretofore  ceased,  or  may  hereafter  cease  to  exist,  without  being  suc- 
ceeded by  any  other  fund  or  department  covering  the  same  general  objects. 

4.  The  surplus  arising  from  any  special  assessment  after  all  legal  de- 
mands upon  the  proceeds  of  such  assessment  shall  have  been  satisfied. 

5.  The  surplus  of  the  revenues  of  the  water  department,  including  the 
proceeds  of  any  water  frontage  tax  heretofore  or  hereafter  collected,  which 
shall  not,  in  the  opinion  of  the  sinking  fund  committee  with  the  concurrence 
of  the  board  of  water  commissioners,  be  required  for  the  repair,  mainte- 
nance or  operation  of  the  water  supply  plant  of  the  city,  or  for  the  payment 
of  the  principal  of  and  interest  upon  the  bonds  heretofore  or  hereafter  issued 
for  the  acquisition  or  extension  of  the  city  water  works. 

6.  Any  other  moneys  coming  into  the  city  treasury,  not  otherwise  ap- 
propriated by  law  or  by  this  charter. 

182.  Sinking  fund  committee. — Sec.  5.  The  sinking  fund  shall  be  under 
the  management  uf  a  committee,  to  be  composed  of  the  mayor,  the  comp- 
troller and  the  treasurer,  of  which  the  mayor  shall  be  ex-officio  chairman,  and 
the  comptroller  ex-officio  secretary.  All  moneys  and  securities  belonging  to 
such  fund  shall  be  kept  entirely  separate  from  all  other  funds  belonging  to 
the  city;  and  records  and  accounts  of  the  same  shall  at  all  times  be  kept, 
showing  the  exact  amount  and  condition  of  said  funds,  and  containing  a  com- 
plete description  of  all  securities  belonging  to  the  same. 

183.  Investments  from  sinking  fund. — Sec.  G.  As  fast  as  moneys  ac- 
cumulate in  the  sinking  fund,  the  sinking  fund  committee  shall  cause  them 
to  be  invested  in  securities  of  the  descriptions  following,  and  not  otherwise, 
that  is  to  say: 

1.  The  bonds  of  the  City  of  St.  Paul. 

2.  The   interest  bearing  certificates  of   the   City   of  St.   Paul. 

3.  Interest  bearing  bonds  of  the  County  of  Ramsey,  in  this  state. 

4.  Interest  bearing  bonds  of  the  State  of  Minnesota,  or  of  the  United 
States,  or  of  any  other  state  which  shall  not  at  any  time  previously  have  de- 
faulted in  the  payment  of  the  interest  or  principal  of  its  bonded  debt. 

5.  Interest  bearing  bonds  of  any  other  county  of  the  State  of  ]\Iinne- 
sota,  lawfully  issued  for  any  purpose  other  than  to  aid  in  the  construction 
of  a  railway,  or  to  refund  railway   aid  bonds  previously  issued. 

184.  Cancellation  of  city  bonds  acquired. — Sec.  7.  Bonds  f)f  the.  City  of 
St.  Paul,  acquired  for  the  sinking  fund,  shall,  as  fast  as  acquired,  be  canceled 
and  destroyed. 

185.  Sinking  fund  income. — Sec.  8.  The  gain  or  income  arising  from 
an}'  mone3's  or  securities  held  for  the  sinking  fund,  shall  also  belong  to  said 
fund,  and  shall  be  used  for  the  same  purposes  for  which  the  principal  from 
which  such  gain  or  income  shall  accrue,  arc  hereby  required  to  be  used. 

186.  Rule  for  investments. — Sec.  9.  The  several  classes  of  investment 
for  the  sinking  fund  shall  be  given  preference  by  the  sinking  fund  committee, 
in  the  order  hereinbefore  stated,  so  far  as  can  practicably  be  done  with  due 
regard  to  the  advantage  of  such  fund. 

187.  Purchases  and  sales. — S'ec.  lO.  All  purchases  and  sales  of  securities 
for  the  sinking  fund  shall  be  mafic  upon   such   notice,  and  in  such   manner,  as 


TAX   LEVY   CERTIFICATES.  43 

shall  seem  to  the  Sinking  Fund  Committee  most  to  the  advantage  of  said 
fund. 

Sec.  11.  Whenever  any  bonds  of  the  city  shall  mature,  the  moneys  and 
securities  in  the  sinking  fund  applicable,  under  the  provisions  of  this  title, 
to  the  payment  thereof,  shall  be  used  for  that  purpose;  and  all  bonds  so  paid 
shall  forthwith  be  cancelled  and  destroyed. 

188.  Refunding  bonds — Council  may  provide  for — Application  of  pro- 
ceeds.— Sec.  12.  The  commun  council  shall  liave  power  to  provide  for  the 
issue  in  accordance  with  law,  and  with  this  charter,  of  such  bonds  as  may 
be  required  for  refunding  such  portions  of  the  bonded  debt  of  the  city  as  may 
mature  and  cannot  be  paid  off  or  redeemed  with  the  moneys  and  securities 
in  the  sinking  fund  applicable  to  that  purpose.  Such  refunding  bonds  shall 
be  negotiated  by  the  Sinking  Fund  Committee,  and  no  part  of  same  shall  be 
sold  or  used  in  exchange  for  bonds  of  a  previous  issue  at  a  less  price  than 
the  full  face  value  thereof  with  accrued  interest. 

No  bond,  nor  any  part  of  the  proceeds  of  any  bond  issued  for  refund- 
ing or  renewing  bonds  of  a  previous  issue,  shall  be  used  for  any  other  pur- 
pose than  that  of  retiring  or  renewing  such  prior  bonds 

189.  Attests  to  bonds — Coupons — Form. — Sec.  13.  All  bonds  issued  by 
the  city  shall  be  signed  by  the  mayor  and  countersigned  by  the  comptroller, 
and  have  thereto  affixed  the  corporate  seal  of  the  City  of  St.  Paul,  attested 
by  the  city  clerk. 

Coupons  issued  with  any  such  bond  may  be  authenticated  by  the  en- 
graved signature  of  the  mayor,  and  countersignature  by  the  comptroller. 

Except  as  otherwise  provided  by  law,  the  form  of  bonds  issued  by  the 
city  shall  ho  determined  by  the  Sinking  Fund  Committee. 

190.  Mayor   and   comptroller   to   examine   securities  held  by   treasurer. — 

Sec.  14.  It  shall  be  the  duty  of  the  mayor  and  city  comptroller,  at  least  once 
in  each  three  months,  to  examine  all  the  securities  in  the  city  treasury  be- 
longing to  the  city,  including  those  held  for  the  sinking  fund,  and  upon  find- 
ing all  such  securities  properly  in  hand  to'  make  out  and  file  in  the  office  of 
the  city  comptroller  their  joint  certificate  to  that  efifect;  which  certificate  shall 
specify  such  securities  in  detail.  All  such  certificates  shall  be  retained  by  the 
city  comptroller  as  part  of  the  permanent  records  of  his  office. 

TITLE  5. 
Tax  Levy  Certificates. 

191.  Certificates  of  indebtedness — Council  may  authorize  80  per  cent 
of  tax  levy. — Seclion  1.  As  sotjn  as  the  tax  levy  for  any  year  has  been  trans- 
milted  to  the  county  auditor,  the  common  council  may,  by  ordinance  to  be 
adopted  by  a  vote  of  two-thirds  (2-3)  of  all  the  members  of  each  body,  cause 
to  be  issued  and  sold  from  time  to  time,  as  money  is  actually  needed  for 
payment  of  the  public  expenses,  certificates  of  indebtedness  in  anticipation 
of  the  collection  of  taxes  for  any  of  the  funds  named  in  the  tax  levy;  but  the 
total  amount  of  the  principal  of  all  such  certificates  issued  in  any  one  year, 
for  any  fund,  shall  not  exceed  eighty  (80)  per  cent  of  the  amount  included 
in  the  tax  levy  of  the  same  year  for  such  fund. 

192.  Maturity  of  certificates — Interest  rate — Denominations. — Sec.  2.  No 
sucli  certificate  sliall  be  made  to  mature  at  date  later  than  the  fifteenth  (IStli) 
day  of  November  of  the  year  following  that  in  which  the  same  shall  be  issued; 
and  the  rate  of  interest  shall  not  exceed  six  (6)  per  cent  per  year,  payable 
semi-annually.  The  certificates  issued  for  each  fund  shall  constitute  a  sepa- 
rate series,  which  shall  be  consecutively  numbered  and  state  upon  the  face 
thereof  the  fund  for  which  the  same  are  issued  and  the  total  amount  of  the 
tax  levy  for  such  fund  for  the  year  in  which  such  certificates  are  issued.  The 
principal  of  each  certificate  shall  be  five  hundred  (500)  dollars,  except  that 
the   common   council   may,  in   the   ordinance   directing  the  issue   thereof,   pro- 


44  CHARTER  OF  CITY  OF  ST.  PAUL. 

vide  for  a  portion  of  any  .series,  not  exceeding  one-half  (>^)  the  total  prin- 
cipal thereof,  to  be  for  sums  of  one  hundred  (100)  dollars  each. 

Such  certificates  may  have  interest  coupons  attached,  and  may  be  made 
payable  at  such  place,  to  be  fixed  by  the  common  council,  as  shall  seem  best 
calculated  tu  promote  their  sale. 

193.  Principal  and  interest  first  charge  upon  tax  receipts. — Sec.  3.  The 
interest  and  principal  of  tlie  said  certificates  shall  l)e  payable  solely  out  of 
the  taxes  levied  fur  the  fund  on  whose  account  such  certificates  were  sold, 
in  the  year  in  which  such  certificates  were  sold,  and  for  the  corresponding 
fund  in  prior  years;  and  the  liability  of  the  city  on  any  series  of  such  certifi- 
cates, or  the  coupon  issued  therewith,  shall  be  limited  to  the  faithful  and  rata- 
ble application  to  payment  thereof  of  the  amounts  of  such  taxes  which  shall 
be  collected  and  paid  into  the  city  treasury,  and  as  the  same  are  received 
by  the  treasury;  but  interest  at  the  rate  of  six  (6)  per  cent  per  year  shall  run 
upon  any  unpaid  principal  thereof,  after  maturity,  until  such  principal  and 
the  interest  accruing  thereon  shall  have  been  fully  paid,  as  herein  provided. 

The  interest  and  principal  of  the  series  of  certificates  sold,  in  any  year* 
on  account  of  any  fund,  shall  be  a  first  charge  upon  the  moneys  received  by 
the  city  treasury  from  the  taxes  levied  for  such  fund  in  the  year  in  which 
such  certificates  were  sold;  and  no  part  of  such  money  shall  be  used  for 
any  other  purpose  until  the  principal  and  interest  of  such  series  of  certificates 
shall  have  been  fully  paid,  or  the  moneys  for  the  payment  thereof  have  been 
set  apart  in  the  city  treasury. 

194.  Proceeds  of  sale. — Sec.  4.  No  part  of  the  moneys  arising  from  the 
sale  of  any  such  certificate  shall  be  used  for  any  other  purpose  than  that 
of  the  fund  on  account  of  which  such  certificates  were  sold. 

195.  Rules  governing  sale. — Sec.  5.  All  sales  of  such  certificates  shall  be 
made  in  such  manner,  and  on  such  notice,  as  shall  seem  calculated  to  produce 
the  highest  and  best  price  therefor,  to  be  from  time  to  time  determined  by 
a  committee,  composed  of  the  mayor,  the  comptroller,  and  the  treasurer;  of 
which  committee  the  mayor  shall  be  ex-officio  president,  and  the  comptroller 
ex-ofiicio  secretary. 

No  certificate  shall  be  delivered  until  tlie  price  thereof  shall  have  first 
been  paid  in  full  to  the  city  treasurer. 

The  comptroller  shall  keep  records  showing  the  amounts  and  dates  and 
rates  of  interest  of  all  such  certificates  issued,  and  the  respective  dates  of  the 
maturity  thereof;  and  all  payments  upon  the  principal  and  interest  thereof. 

196.  Form  of  certificates. — Sec.  (i.  Such  certificates  shall  be  signed  by 
the  mayor,  and  by  the  city  clerk,  and  have  affixed  thereto  the  corporate  seal 
of  the  city,  and  be  countersigned  by  the  comptroller,  arid  bear  date  on  the 
day  of  the  issuance  thereof. 

The  same  shall  be  substantially  in  the  following  form: 

$500.00.  No 

Fund,    19.  . 

Certificate  of  Indebtedness  of  the  City  of  Saint  Paul,  State  of  Minnesota. 

THIS  IS  TO  CERTIFY,  that  the  City  of  Saint  Paul  promises  to  pay. 
out  of  the  moneys  coming  to  its  treasury  from  the  sources  hereinafter  men- 
tioned, to or  order  (or  bearer,  if  so  desired) 

the  sum  of hundred  Dollars  ($  ),  on  the  day  of 

A.  D.  19....    at  the  office  of  the  treasurer  of  the  said  City  of  Saint 

Paul,  or  at  the  financial  agency  of  said  City  of  Saint  Paul  in  the  City  of  New- 
York,    upon    the    surrender    of    this    certificate    of    indebtedness,    with    interest 

from    date   at   the   rate   of  (         )    per   cent    per   annum,   payable 

semi-annually,  out  the  said  moneys  coming  into  its  treasury,  at  the  office 
of  the  said  city  treasurer,  or  at  the  financial  agency  of  the  City  of  Saint  Paul 
in  the  City  of  New  York,  on  the  surrender  of  the  annexed  coupons. 

This  certificate  of  indebtedness  is  issued  in  pursuance  of  the  charter  of 
the   City   of   Saint   Paul   under   an   ordinance   of  the   common    council    of    said 


TAX  LEVY  CERTIFICATES.  45 

city,  approved  A.  D.  19 ,  in  anticipation  of  the  collection 

of  the  taxes  levied  by  said  city,  in  the  year  19 ,  for  a  fund  to  (here  describe 

the  particular  fund). 

The   total   amount   of   the   tax   levied   by   said   city,   for   said   fund,   in   said 

year,  was —  Dollars   ($  ) ;   and  the  total  amount  of 

the  principal  of  the  certificate  on  indebtedness  issuable  in  anticipation  of  the 
collection  of  such  taxes  is Dollars  ($  ). 

The  inkrest  and  principal  of  the  series  of  certificates  of  which  this  is  one 
are  payable  only  out  the  moneys  in  the  treasury  of  said  city,  coming  from 
said  taxes,  and  from  the  taxes  levifd  for  the  corresponding  fund,  in  prior 
years,  as  and  when  received  by  the  said  treasury;  and  the  liability  of  the  C:t 
of  Saint  Paul,  on  the  certificates  of  said  series,  and  upon  the  coupons  there- 
to attached,  shall  be  limited  to  the  faithful  and  ratable  application  upon  the 
interest  and  principal  of  said  series  of  certificates,  of  the  amount  of  such 
taxes  which  shall  be  collected  and  paid  into  the  city  treasury,  as  the  same  are 
received  by  such  treasury;  but  interest  at  the  rate  of  six  (6)  per  cent  per 
vear  shall  accrue  upon  any  unpaid  principal  thereof,  after  maturity,  until  the 
said  principal,  and  the  interest  accruing  thereon,' shall  have  been  fully  paid. 

The  interest  and  principal  of  the  certificates  of  this  series  shall  be  a  first 
charge  upon  the  moneys  received  by  the  treasury  of  said  city  from  the  taxes 

levied  for  the  said  fund,  in  the  year ;  and  no  part  of  such  moneys 

shall  be  used  for  any  other  purpose  until  the  principal  and  interest  of  all  the 
certificates  of  the  series,  including  this  one.  shall  have  been  fully  paid,  or  the 
moneys  for  the  payment  thereof  have  been  set  apart  in  the  treasury  of  said 
city 

IN  WITNESS  WHEREOF,  the  corporate  seal  of  the  City  of  Saint  Paul 
has  been  hereunto  affixed,  and  these  presents  have  been  signed  by  the  mayor 
and  the  city  clerk,  and  countersigned  by  the  comptroller  of  said  city,  on  this 

day  of —  A.  D.  19 . 

(Seal)  ,  Mayor. 

,  Citj'  Clerk. 

Countersigned: 

,  City  Comptroller. 

The  form  of  the  coupons  attached  to  said  ceriilicatc  shall  be  substantially 
as  follows: 
No $ 


THE  CITY  OF  SAINT  PAUL. 

will  pay  to  the  bearer  hereof 

Dollars    ($  ),    on    the day    of    

at  the  office  of  the  city  treasurer  of  the  City  of  Saint  Paul,  or  at  the  financial 
agency  of  the  said  City  of  Saint  Paul,  in  the  City  of  New  York,  on  the  sur- 
render hereof;  being  interest  due  on  certificate  of  indebtedness  of  said  city 
■ fund  No. issued  in  anticipation  of  the  col- 
lection of  taxes  levied  for  said  fund  in  the  year  .     This  coupon  is 

payable  only  out  of  the  moneys  in  the  said  city  treasury,  coming  from  the 
said  taxes  and  frf)m  the  taxes  levied  for  the  corresponding  fund  in  ]irior 
years,  as  and  when  received  by  the  said  treasury. 


-.  Comptroller. 


-,  Mayor. 

-,  City  Clerk. 


197.  Minimum  price — Time  of  sale. — Sec.  7.  No  such  certificate  shall 
be  sold  for  less  than  par  and  accrued  interest,  ur  issued  after  the  close  of  the 
year  in  which  the  tax  levy  against  which  the  same  was  issued  was  made;  and 
no  such  certificate  shall  be  sold  or  issued  more  than  four  (4)  weeks  in  ad- 
vance of  the  actual  need  of  the  proceeds  for  payment  f)f  orders  drawn  in  the 
mode  prescribed  by  this  charter  uiion  the  fun<l  to  which  such  jirocoods  will 
belong. 


46  CHARTER  OF  CITY  OF  ST.  PAUL. 

198.  Surplus  moneys  may  be  invested. — Sec.  8.  The  common  council 
may,  by  joint  resolution  passed  by  a  three-fourths  (^)  vote  of  all  the  mem- 
bers of  each  body,  temporarily  invest  the  surplus  of  any  moneys  in  the  treas- 
ury belonging  to  any  fund  in  the  purchase  of  certificates  of  the  kind  afore- 
said issued  on  account  of  another  fund;  and  any  such  certificate  so  purchased 
shall  be  held,  collected  and  paid  for  the  sole  use  and  benefit  of  the  fund  to 
ahich  the  purchase  money  thereof  belonged. 

TITLE  6. 

The   Custody   of   the  Public   Moneys   and   Securities. 

199.  Treasurer   as    custodian — Bank    deposits — Other   loans    prohibited. — 

Section  1.  The  city  treasurer  shall  be  the  custodian  of  all  moneys,  and  also 
of  all  promissory  notes,  checks,  and  other  commercial  instruments  for  the 
payment  of  moneys  belonging  to  the  city,  or  to  the  said  school  district;  and 
he  shall  retain  the  same  until  they  shall  have  been  disposed  of  in  accordance 
with  law. 

No  moneys  or  securities  belonging  to  the  city,  or  to  the   said  school  dis 
trict,  shall  ever  be  loaned  in  any  manner,  save  as  the   deposit  of  said  money 
in   banks,   or   the   temporary   investment   of  the   same    in    the   modes    provided 
in  this  charter,  may  have  the  legal  effect  of  a  loan  thereof. 

200.  City  depositories — Regulations — Bonds — Sec.  2.  The  city  treasurer 
shall  daily  deposit  to  the  credit  of  the  city,  subject  to  payment  on  demand, 
all  moneys  or  funds  belonging  to  the  city  or  to  said  school  district  then  in 
his  hands  in  such  incorporated  banks  in  the  City  of  Saint  Paul,  national  and 
state,  as  shall  be  determined  upon  and  designated  by  a  committee  to  be  styled 
Committee  on  Bank  Deposits.  Such  committee  shall  be  composed  of  the 
mayor,  comptroller  and  treasurer,  who  are  hereby  charged  with  the  duty  of 
designating  such  banks  with  reference  to  their  financial  strength  and  safetj^; 
and  no  bank  shall  be  designated  which  has  been  re-organized  upon  the  basis 
of  an  extension  of  time  for  the  payment  of  its  deposits  or  any  other  of  its 
obligations  until  after  such  deposits  and  other  obligations  have  been 
paid  in  full.  Said  committee  shall  fix  the  maximum  amount  to  be 
so  deposited  in  any  one  bank,  which  shall  not  exceed  one-third  (1-3)  the 
amount  of  its  full  i)aid  and  unimpaired  capital  stock  and  surplus.  The  said 
committee  may  direct  the  treasurer,  from  time  to  time,  in  what 
bank  or  hanks  to  make  deposit,  and  to  what  amount  or  amounts  within  the 
limits  aforesaid,  and  from  what  bank  to  withdraw  moneys  required  to  meet 
the  obligations  of  the  city;  and  all  checks  for  such  withdrawals  shall  be  signed 
by  the  treasurer  and  countersigned  by  the  comptroller. 

Before  any  moneys  are  deposited  in  any  bank  by  the  city  treasurer  such 
bank  shall  execute  to  the  City  of  Saint  Paul  its  bond,  payable  to  the  City  of 
Saint  Paul  and  signed  by  not  less  than  five  (5)  freeholders  of  the  city,  or  by 
one  or  more  surety  companies  duly  authorized  by  the  laws  of  this  state  to 
do  business  therein,  as  sureties,  which  bond  shall  be  in  a  penal  sum  of  at 
least  double  the  maximum  amount  of  the  moneys  of  the  city,  or  of  said  school 
district,  or  of  both,  at  any  one  time  on  deposit  in  such  bank,  and  be  condi- 
tioned for  the  repayment  to  the  city,  on  demand,  of  all  moneys  deposited 
with  such  bank  for  the  city,  or  for  said  school  district,  or  fur  both. 

.A.11  such  bonds  and  the  sureties  thereon  shall  be  subject  to  the  approval 
of  the  committee  on  bank  deposits,  which,  before  approving  any  such  bond 
and  securities,  shall  be  satisfied  that  the  financial  responsibility  of  such  sure- 
ties in  the  aggregate,  at  least  equals  the  penal  sum  named  in  such  bond.  A 
stockholder  in  any  bank  giving  such  bond  shall  not  be  accepted  as  a  surety 
thereon  tmless  the  said  committee  shall  be  satisfied,  upon  full  investigation, 
that  his  personal  responsibility  could  not  be  affected  bj^  the  failure  of  such 
bank. 

All  bonds  given  as  aforesaid  to  secure  deposits  shall  be  renewed  when- 
ever requested  by  the  committee  on  bank  deposits,  and  in  every  case  at  least 
once   in   each   twelve  months;   and  if  at  any  time   any  surety  upon   such   bond 


CUSTODY  OF  PUBLIC  MUXliY  AND  SECURITIES.  47 

should,   in   the   opinion  of  the   committee,  become   insufficient   for  the   respon 
sibiHty  so  assumed  by  him,  it  shall  be  the  duty  of  the   said  committee   to  im- 
mediately call^  for,  and  of  the  bank  which  has  given   such   bond,  to   furnish   a 
new  bond  sufficient  and  satisfactory  to  said  committee. 

In  event  of  the  default  by  any  bank,  in  the  condition  of  any  such  bond, 
it  shall  be  the  duty  of  the  city  comptroller  to  forthwith  notify  the  law  de- 
partment of  the  city,  and  thereupon  it  shall  be  the  duty  of  said  law  depart- 
ment to  at  once  enforce  the  liability  upon  such  bond  of  the  sureties  by  ap- 
propriate legal  proceedings.  Every  such  bond  shall  secure  the  repayment  of 
all  moneys  belonging  to  the  city,  or  to  said  school  district,  on  deposit  in  the 
bank  giving  such  bond,  at  the  time  of  the  approval  thereof  by  the  committee 
on  bank  deposits,  or  which  shall  be  deposited  in  such  bank  at  any  time  there- 
after until  such  bond  shall  have  been  duly  superseded  by  another  bond,  as 
in  this  section  provided. 

201.  Withdrawals  from  depositories. — Sec.  3.  The  said  committee  shall, 
whenever  in  its  judgment  the  greater  security  of  the  city's  moneys  require 
it,  direct  the  treasurer  to  withdraw  money  from  any  such  bank  and  deposit 
it  in  another  bank,  subject  to  the  limitations  aforesaid,  and  the  treasurer  shall 
comply  at  once  with  all  directions  and  instructions  of  the  committee  given 
in  pursuance  hereof. 

The  mayor  shall  be  chairman  of  such  committee,  and  the  comptroller  the 
secretary  thereof;  and  the  secretary  shall  keep  a  full  and  complete  record  of 
the  proceedings  of  the  committee  and  shall  attest  the  record  of  the  proceed- 
ings of  each  meeting  thereof  by  his  signature.  The  committee  shall  meet  at 
the  call  of  the  chairman  at  the  time  and  place  designated  by  him. 

Whenever  the  treasurer  shall  make  a  deposit  in  anj^  one  of  such  banks 
the  latter  shall  forthwith  transmit  to  the  city  comptroller  a  duplicate  deposit 
slip  thereof  signed  by  an  officer  of  the  bank  or  one  of  its  tellers;  and  the 
treasurer  shall  forthwith  deliver  to  the  city  comptroller  an  itemized  statement 
of  the  sources  from  which  the  moneys  so  deposited  were  received;  and  it 
shall  be  the  duty  of  the  comptroller  to  so  keep  the  accounts  of  his  office  as 
to  show  the  amount  belonging  to  each  fund  on  deposit,  and  the  bank  or  banks 
hokling  the  same,  with  the  proportion  in  each. 

202.  Interest  on  daily  balances — Liability  of  treasurer. — Sec  4.  The  said 
committee  may  make,  in  behalf  of  the  city,  such  agreement  with  the  banks 
so  designated,  or  any  of  them,  for  the  payment  by  them  of  interest  on  daily 
balances  as,  in  its  judgment,  may  be  for  the  best  advantage  of  the  city,  the 
safety  of  the  deposit  being  first  considered. 

The  treasurer  faithfully  discharging  all  the  duties  imposed  upon  him  by 
this  Title,  free  from  fault  or  negligence,  shall  not  be  further  responsible  for 
the  safekeeping  of  the  moneys  so  deposited  before  they  shall  be  withdrawn. 

203.  Interest  on  deposits. — Sec.  5.  All  interest,  or  other  form  of  gain 
or  advantage,  accruing  from  the  deposit  in  banks  of  the  public  moneys,  shall 
accrue  to  the  city,  for  the  benefit  of  the  general  fund;  and  the  acceptance 
or  receipt  by  any  officer  of  the  city,  or  by  any  member  of  the  common  coun- 
cil or  administrative  board  of  the  city,  or  by  any  employe  of  any  department, 
of  any  interest,  or  other  gain  or  advantage  from  any  such  deposit,  shall  be 
malfeasance  in   office  by  such   recipient. 

204.  Bank  statements,  publication  of. — ^^Sec.  6.  A  statement  of  the  bal- 
ance, at  tile  ell  ISC'  of  business  on  each  alternate  Friday,  of  the  public  monej^s 
deposited  in  the  several  banks,  giving  separately  the  amount  deposited  in  each 
bank,  shall  be  published  by  the  comptroller  on  the  next  day,  in  the  offici.al 
paper  of  the  city. 

205.  Surety  bonds,  deeds,  etc. — Sec.  7.  The  comptroller  shall  be  the  cus- 
todian of  all  official  and  other  surety  bonds,  and  of  all  deeds,  insurance  poli- 
cies and  other  contracts  and  agreements,  save  those  of  the  kinds  named  in 
section  one  of  this  Title,  or  sucli  others  as  may  be  otherwise  provided  in 
this  charter,  belonging  to  the  city,  or  to  the  said   school   district. 


48  CHARTF.R  OF  CITY  OF  ST.  PAUL. 

206.  Record  of  same. — Sec.  8.  The  Cdmplrollcr  sliall  at  .all  ti;iies  keep  a 
full  and  complete  record  of  all  deeds,  bonds,  insurance  policies,  contracts, 
agreements,  and  other  instruments  of  a  similar  nature,  in  his  custody,  be- 
longing to  the  city,  or  to  the  said  school  district,  showing  the  disposition 
if  any,  thereof;  and  also  a  full  and  complete  record  of  all  securities  of  the 
kinds  named  in  section  one  of  this  Title,  coming  to  the  hands  of  the  treas- 
urer, showing  the  disposition,  if  any,  thereof. 

Sec.  9.  The  treasurer  shall  keep  a  full  and  complete  record  of  all  securi- 
ties, of  all  the  kinds  named  in  section  one  of  this  Title,  coming  to  his  hands, 
showing  the  disposition,  if  any.  thereof.  Whenever  any  instrument  of  either 
of  said  kinds  shall  be  delivered  to  him,  he  shall  give  to  the  person  delivering 
the  same  a  receipt  therefor,  similar  in  form  as  that  required  by  Title  1  of  this 
chapter  to  be  given  in  cases  of  payment  of  moneys  to  him. 

TITLE  7. 
The  Conference  Committee. 

207.  Conference  committee — Members  of. — Section  1.  It  is  hereby  made 
the  duty  of  the  following  officers,  iianiely:  The  mayor,  the  president  of  the 
assembly,  the  chairman  of  the  committee  on  ways  and  means  of  the  board  of 
aldermen,  the  president  of  the  board  of  school  inspectors,  the  president  of  the 
board  of  water  commissioners,  the  president  of  the  board  of  fire  commis- 
sioners, the  president  of  the  board  of  public  works,  the  president  of  the  board 
of  police  commissioners,  the  city  comptroller,  the  treasurer  of  said  city,  the 
commissioner  of  public  works,  the  chairman  of  the  board  of  control,  and  the 
president  of  the  park  board,  to  meet  for  conference  and  consultation  relative 
to  the  welfare  and  financial  affairs  of   said  city,  as  hereinafter  provided. 

The  mayor  shall  be  chairman  and  the  city  clerk  secretary  of  said  con- 
ference committee,  and  a  correct  and  full  record  of  its  proceedings  shall  be 
kept,  and  the  city  clerk  shall  file  and  carefully  preserve  in  his  office  the  re- 
ports of  the  members  of  said  committee  made  and  furnished,  as  herein  pro- 
vided. The  corporation  counsel  shall  attend  the  meetings  of  said  commit- 
tee, and  aid  it,  as  he  may  from  time  to  time  be  requested,  in  its  conference 
and  investigations. 

208.  Meetings. — Sec.  2.  Said  conference  committee  shall  hold  its  meet- 
ings at  the  ccjuncil  chambers  of  said  city,  and  meet  as  often  as  once  each 
month,  and  all  its  meetings,  proceedings  and  records  shall  be  public. 

The  conference  committee  may  make  and  adopt  such  rules  and  by-laws 
for  its  government,  not  in  conflict  with  this  charter  and  the  laws  of  this  state, 
as  it  may  deem  advisable. 

209.  County  officers  who  may  participate. — Sec.  ?>.  Said  committee  shall 
request  and  permit  the  county  auditor  and  county  treasurer,  and  the  county 
commissioner  of  said  county,  oldest  in  service,  to  participate  in  its  delibera- 
tions; but  said  county  officers  shall  have  no  vote  upon  any  pending  proposi- 
tion. 

210.  Reports  required  monthly. — Sec.  4.  The  members  of  said  commit- 
tee, at  said  monthly  meetings,  shall  consult  and  advise  together  relative  to 
the  care,  supervision  and  economical  management  of  each  and  all  of  the 
affairs,  duties  and  expenses  of  each  department  of  said  city,  and  those  of  said 
board  of  school  inspectors,  and  to  that  end,  and  in  aid  thereof,  the  several 
mendjers  of  said  committee  named  below  shall  report,  in  writing,  to  said 
committee  at  each  monthly  meeting  thereof,  relative  to  the  operations  of  their 
departments,  as  follows: 

211.  Report  of  president  of  assembly. — The  president  of  the  assembly 
shall  report  the  amount  of  ex])cnditures  or  indebtedness  authorized  by  the 
common  council  within  the  fiscal  j^ear  up  to  the  close  of  the  last  prior  month. 

First — For  work  ordered,  requiring  an  assessment  to  be  made. 


THE  CONFERENCE  COMMITTEE.  49 

Second — For  lighting  said  city,  including  a  synopsis  of  any  and  all  con- 
tracts then  in  force  /or  lighting  said  city  in  whole  or  in  part. 

Third— For  maintenance  of  the  court  house  and  city  hall. 

Fourth — For  all  other  purposes,  except  those  in  reference  to  which  it  is 
hereinafter  provided  reports  shall  be  made  by  the  presidents  or  chairmen  of 
the  several  city  boards,  and  stating  such  purposes  separately. 

212.  Report  of  president  of  park  board. — The  president  of  the  park  board 
shall  report: 

First — An  itemized  list  of  all  contracts  unperformed  in  whole  or  in  part, 
previously  let  for  said  department,  giving  in  a  general  way  the  purpose  of 
each,  and  stating  the  amount  of  expenditure  which  the  same  will  require. 

Second — A  classified  statement  of  all  expenses  of  said  department,  other 
than  for  labor  and  services,  within  the  fiscal  year,  up  to  the  close  of  tlic 
last  prior  month. 

Third — The  number  of  employes  of  said  department  of  all  kinds  at  the 
date  of  such  report,  giving  the  rate  of  compensation  of  each. 

Fourth — -The  total  expenditures  of  said  department,  for  labor  and  serv- 
ices within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

213.  Report  of  president  of  water  board. — The  president  of  the  board 
of  water  commissioners  shall  report: 

First— An  itemized  list  of  all  contracts  unperformed,  in  whole  or  in  part, 
previousl}^  made  by  his  board,  specifjang  in  a  general  wa}'  the  purpose  of  eacli, 
anu  stating  the  amount  of  expenditure  that  each  will  require. 

Second — A  classified  statement  of  all  expenses  of  the  water  supply  de- 
partment, other  than  for  labor  and  services,  within  the  fiscal  year,  up  to  the 
close  of  the  last  prior  month. 

Third — -The  number  of  employes  of  said  department,  of  all  kinds,  at  the 
date  of  inaking  such  report,  giving  the  rate  of  compensation  of  each. 

Fourth — The  total  expenditures  of  the  said  department  for  labor  and 
services  within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Fifth — The  amount  of  the  revenues  of  the  water  supply  department  col- 
lected within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Sixth — The  amount  of  the  revenues  of  the  water  supply  department,  pre- 
viously due,  and  delinquent  at  the  close  of  the  last  prior  month. 

214.  Report  of  president  of  fire  board. — The  president  of  the  l)oard  of 
fire  commissioners  shall  report: 

First — An  itemized  list  of  all  contracts  unperformed,  in  whole  or  in  part, 
previously  let  for  said  department,  giving  in  a  general  way,  the  purpose  of 
each,  and  stating  the  amount  of  expenditures  which  the  same  will  require. 

Second — A  classified  statement  of  all  expenses  of  the  said  department, 
other  than  for  labor  and  services,  within  the  fiscal  year,  up  to  tlie  close  of 
the  last  prior  month. 

Third — The  number  of  employes  of  said  department  of  all  kinds,  at  the 
date  of  such  report,  giving  the  rate  of  compensation  of  each. 

Fourth — The  total  expenditures  of  said  department  for  labor  and  serv- 
ices, within  the  fiscal  year,  up  to  the  close  of  tlie  last  i)rior  month. 

215.  Report  of  president  of  school  board. — The  i)rcsi(lcnt  of  the  board 
of  school  inspectors  shall  report: 

First — An  itemized  list  of  all  contracts,  other  than  for  labor  and  serv- 
ices unperformed  in  whole  or  in  part,  previously  made  by  the  said  board,  spec- 
ifying in  a  general  way  the  purpose  of  each,  and  stating  the  amount  of  ex- 
penditure that  each  will  require. 

Second — A  classified  statement  of  all  expenses  of  tlie  public  schools, 
within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Third — -The  number  of  employes  of  said  board,  of  all  kinds,  at  the  date 
of  making  such  report,  giving  the  rate  of  compensation  of  each. 

Fourth — The  total  cxi)cnditures  of  said  board,  for  labor  and  services, 
witliin   t!u'  fiscal   year,  up  to  the  close  ()f  the  last  prior  monlli. 


50  CHARTER  OF  CITY  OF  ST.  PAUL. 

Fifth — A  list  of  pupils  in  the  public  .schools  of  the  city,  who  reside  out- 
side the  city;  the  tuition  fee  charged  against  each,  and  the  payments  made 
on  cfccount  of  such  fees. 

Sixth — The  average  attendance  during  the  then  last  preceding  month,  of 
pupils  in  the  public  schools  of  said  city. 

The  matters  reported  as  aforesaid,  shall  as  far  as  practicable,  be  dis- 
tributed to  the,  several  schools  maintained  during  the  period  covered  by  the 
report,  giving  the  name  of  each  school. 

216.  Report  of  commissioner  of  public  works. — The  commissioner  of  pub- 
lic works  shall  report; 

First — A  classified  statement  of  all  expenses  other  than  for  labor  and 
services,  chargeable  to  the  fund  for  maintaining,  repairing  and  cleaning  the 
streets,  sidewalks  and  sewers,  and  the  collection  and  disposal  of  garbage  and 
other  waste  matter,  incurred  within  the  fiscal  year,  up  to  the  close  of  the  last 
prior  month. 

Second — The  number  of  employes  whose  compensation  was  chargeable 
against  the  said  fund,  employed  during  the  last  prior  month,  giving  the  rate 
and  total  pay  of  each. 

Third — The  total  expenditure  for  labor  and  services,  chargeable  against 
said  fund,  incurred  during  the  fiscal  year,  up  to  the  close  of  the  last  preceding 
month. 

Fourth — A  classified  statement  of  all  expenses,  other  than  for  labor  and 
services,  chargeable  to  the  fund,  for  maintaining  the  department  of  the  com- 
missioner of  public  works,  incurred  within  the  fiscal  year,  up  to  the  close  of 
the  last  prior  month. 

Fifth — The  number  of  employes  whose  compensation  was  chargeable  to 
the  last  mentioned  fund,  employed  during  the  last  preceding  month,  giving 
the  rate  and  total  pay  of  each. 

Sixth — The  total  expenditure  for  Jabor  and  services  chargeable  against 
the  last  mentioned  fund,  incurred  during  the  fiscal  year,  up  to  the  close  of 
the  last  prior  month. 

Seventh — -A  classified  statement  of  all  expenses,  other  than  for  labor  and 
services,  chargeable  to  the  fund  for  maintaining  and  repairing  bridges,  in- 
curred within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Eighth — The  number  of  employes  whose  compensation  was  chargeable 
against  the  last  mentioned  fund,  employed  during  the  last  prior  month  giv- 
ing the  rate  and  total  pay  of  each. 

Ninth — The  total  expenditure  for  labor  and  services,  chargeable  against 
the  last  mentioned  fund,  incurred  during  the  fiscal  year,  up  to  the  close  of 
the  last  prior  month. 

As  far  as  practicable,  the  said  report  shall  distribute  all  expenses,  to  the 
particular  street,  sewer  and  bridge  for  which  the  same  were  incurred,  and  if 
inspectors  or  superintending  officers  are  employed,  the  place  and  nature  of 
the  services  of  each,  and  the  number  of  men  under  their  supervision  shall 
be  stated. 

The  rate  and  total  pay  for  each  team  employed  upon  the  work  charge- 
able to  either  of  said  funds,  and  also  the  number  of  hours  constituting  a  day's 
work,  for  each  team  and_  employe,  shall  appear  in  said  report. 

Tenth — A  statement  of  all  expenses  other  than  for  labor  and  services, 
chargeable  to  the  fund  for  street  sprinkling  incurred  within  the  fiscal  year, 
up  to  the  close  of  the  last  prior  month. 

Eleventh — The  total  expenditure  for  labor  and  services,  chargeable  against 
the  last  mentioned  fund,  incurred  during  the  fiscal  j-car,  up  to  the  close  of  the 
last  prior  month. 

217.  Report  of  president  of  board  of  public  works. — The  president  of  the 
board  of  public  works  shall  report: 

First — An  itemized  list  of  all  contracts  for  work  to  be  paid  for  by  special 
assessment,  let  within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Second — A  statement  of  the  amount  of  each  special  assessment  transmit- 
ted to  the  city  comptroller  for  collection  within  the  fiscal  year,  up  to  the  close 


THE  CONFERENCE  COMMITTEE.  51 

of  the  last  prior  month,  giving  the  date  of  the  letting  of  the  contract,  the 
date  of  confirmation  of  the  assessment,  aiid  date  of  transmission  to  the  comp- 
troller, in  each  case. 

Third- — An  itemized  statement  of  all  estimates  allowed  by  said  board  up- 
on all  contracts  to  be  paid  bj'  special  assessments  within  the  year,  up  to  the 
close  of  the  last  prior  month. 

Fourth — An  itemized  list  of  all  contracts  for  work  to  be  paid  for  by  spe 
cial   assessments,   let   prior   to   the    current   fiscal   ye;ir.   unperforn^ed   in   whole 
or  in  part,  and  the  estimate  allowed  upon  the  same  up  to  the  close  of  the  last 
prior  month. 

Fifth — A  classified  statement  of  all  expenses  of  said  board,  other  than  for 
labor  and  services,  within  the  fiscal  year,  up  to  the  close  of  the  last  prior 
month. 

Sixth — The  number  of  employes  of  said  board,  of  all  kinds,  during  the  last 
prior  month,  giving  the  rate  and  total  pay  of  each. 

Seventh— A  classified  statement  of  the  total  expenditures  of  the  said 
board,  for  services  within  the  fiscal  year,  up  to  the  close  of  the  last  prior 
month. 

218.  Report  of  president  of  police  board. — The  president  of  the  board 
of  police  ciimmissioners  shall  report: 

First — The  name  of  each  member  of  the  police  force  of  whatever  grade 
or  rank,  and  whatever  class  of  service,  emploj^ed  by  the  city  during  the  last 
preceding  month  with  the  rate  of  pay  received  by  him  and  his  total  pay  dur- 
ing the  month. 

Second — The  total  expenditures  of  the  police  department  for  wages  and 
salaries  during  the  fiscal  year  up  to  the  close  of  the  last  prior  month. 

Third — The  total  expenditures  of  the  police  department  other  than  for 
wages  and  salaries,  during  the  fiscal  year  up  to  the  close  of  the  last  prior 
month. 

219.  Report  of  comptroller. — The  city  comptroller  shall  report: 

First — The  amount  of  the  annual  appropriation  by  the  cummon  council 
for  each  of  the  several  funds. 

Second — The  amount  of  the  annual  tax  levy  for  each  of  said  funds. 

Third — The  amount  of  revenue  from  sources  other  than  taxation  of  prop- 
erty, assigned  by  the  common  council  to  each  fund. 

Fourth — The  amount  of  tax  levy  certificates  sold  on  account  of  each  fund 
within  the  fiscal  year,  up  to  the  close  of  the  last  prior  month. 

Fifth — The  balance  of  cash  standing  to  the  credit  of  each  separate  fund, 
at  the  close  of  the  last  prior  month. 

Sixth — An  itemized  statement  of  the  interest  bearing  debt  of  the  city, 
with  the  total  annual  interest  thereon. 

Seventh — An  itemized  statement  of  all  claims  against  the  city,  or  against 
the  independent  school  district,  of  the  city  of  St.  Paul,  other  than  upon  con- 
tracts payable  out  of  special  assessments,  pending  before  the  comptroller  for 
audit  and  settlement.. 

Eighth — An  itemized  statement  of  the  amounts  of  all  s])ecial  assessments^ 
collected  during  the  last  prior  month,  and  of  tlic  amounts  tlicrcof  remaining 
uncollected  at  the  end  of  said  month. 

Ninth — An  itemized  statement  of  all  claims  against  the  city  upon  con- 
tracts payable  from  special  assessments  pending  before  the  comptroller  for 
audit  during  the  last  prior  month;  the  number  and  amount  of  such  claims 
audited  during  said  month;  the  number  and  amount  of  such  claims  paid  dur- 
ing said  month;  the  number  and  amount  of  such  claims  at  any  previous  time 
audited,  and  remaining  unpaid  at  the  end  of  said  month,  and  the  number  and 
amount  of  such  claims  pending  before  the  comptroller  for  audit  and  settle- 
ment at  the  end  of  said  month. 

Tenth — The  aggregate  amount  of  money  paid  out  by  the  city  treasurer, 
during  the  fiscal  year,  up  to  the  close  of  the  last  prior  month,  on  account 
of  each  separate  fund,  other  tlian  tliosc  arising  from  special   assessments. 

Eleventh — If    reiinired    bv    the    conference    committee,    the    name    of    each 


52  CHARTER  OK  CITY  OF  ST.  PAUL. 

employe,  of  the  city,  or  of  said  school  district,  other  than  day  laborers,  and 
other  than  such  employes  as  this  title  requires  to  be  reported  by  some  other 
member  of  the  conference  committee,  and  the  rate  of  compensation  to  which 
such  employe  is  entitled.  The  authority  by  which  such  rate  of  pay  has  been 
fixed,  shall,  in  each  instance,  be  noted  opposite  the  name  of  such  employe. 

220.  Report  of  chairman  of  board  of  control. — The  chairman  of  the 
board  of  control  shall  report. 

First — The  number  of  different  persons  aided  within  the  fiscal  year,  up 
to  the  close  of  the  last  prior  month;  the  number  of  orders  for  aid  issued  by 
said  board  within  said  period,  and  the  amount  of  such  aid  given  to  each  per- 
son, stating  the  figures  for  eac  hmonth  separately. 

Second — The  names  of  all  persons,  firms  or  corporations,  from  whom  sup- 
plies have  been  purchased,  or  ordered  by  his  board,  within  the  fiscal  year,  up 
to  the  close  of  the  last  prior  month;  and  the  amount  purchased  or  ordered 
from  each  firm  or  person,  and  tlie  prices  paid,  stating  the  figures  for  each 
month  separately. 

Third — A  classified  statement  of  all  exp'enditures  by  said  board,  other 
than  for  services,  within  the  fiscal  year,  up  to  the  close  of  the  last  prior 
month. 

Fourth — The  number  of  employes  of  said  board,  of  all  kinds,  during  the 
last  prior  month,  giving  the  rate  and  total  compensation  of  each. 

Fifth — The  total  expenditures  of  said  board,  for  services,,  within  tiie  fiscal 
year,  up  to  the  close  of  the  last  prior  month. 

221.  Report  of  treasurer. — The  city  treasurer  .shall  report: 

First — The  aggregate  amount  of  money  i  received  by  him  during  the  then 
fiscal  year  from  each  of  the  following  sources,; stated  separately: 

From  the  county  treasurer; 

From  liquor  licenses; 

From  all  other  licenses; 

From  clerk  of  the  municipal  court; 

From  all  other  sources  exclusive  of  local  assessments. 

Second — The  aggregate  amount  of  money  paid  out  by  him  during  the 
then  fiscal  year  in  behalf  of  or  for  the  benefit'  of  eafch  particular  department 
of  said  city,  including  said  board  of  school  inspectors,  stating  the  amount  for 
each  department  separately,  as  those  departments  are  specified  in  the  last 
estimate  and  tax  levy 

Third — The  names  of  the  respective  depositories  in  which  public  funds 
were  on  deposit  during  the  last  preceding  month,  and  the  balance  remaining 
in  each  depository  on  the  last  day  of  the  preceding  month. 

FVjurth — The  name  and  amoimt  of  each  assessment  warrant  received  by 
him  since  the  first  of  the  preceding  January,  and  the  date  when  each  was 
received  and  the  amount  of  cash  received  on  each  oi  said  warrants,  and  the 
amount  paid  out  by  him  on  account  of  the  work  named  in  each  of  said  war- 
rants respectively. 

222.  Additional  information  may  be  required. — Sec.  5.  Said  conference 
committee  shall  have  power  and  authority,  at  any  meeting,  by  resolution  to 
require  any  officer  or  employe  of  said  city,  or  said  school  district,  to  furnish 
under  oath  any  additional  report  or  information  said  committee  may  desire 
relating  to  the  business  of  said  citj^  or  said  school  district;  and  it  shall  be 
the  duty  of  such  officer  or  employe,  when  so  requested,  to  furnish  the  infor- 
mation called  for,  and  in  the  manner,  form  and  by  the  date  specified  in  said 
resolution. 

22'3.  Order  of  business. — Sec'  6.  The  order  of  business  of  said  confer- 
ence committee  at  its  meeting  shall  be  as  follows: 

First — Calling  the  roll. 

Second — Reading  the  minutes  of  the  last  meeting. 

Third — Reading  the  reports  herein  prescribed. 

Fourth— Such  other  order  of  business  as  the  conference  committee  may 
direct  in  aid  of  the  purpose  of  its  work. 


run  CONFERENCE  COMMITTEE.  53 

224.  Disqualification  of  members. — Sec.  7.  Any  member  of  said  commit- 
tee who  is  absent  from  its  meetings  for  two  successive  sessions,  or  who 
shall  fail  for  two  successive  sessions  to  make  the  monthly  report  herein  di- 
rected, shall  thereby  be  held,  without  other  act  or  proceeding,  to  have  re- 
signed his  office  and  the  duties  thereof,  and  shall  thereby  be  disqualified  to 
hold  any  public  office  in  said  city  for  the  period  of  one  year  next  thereafter, 
and  his  successor  shall  be  appointed  as  prescribed  by  the  charter  in  case  of 
resignation.  Said  committee  shall  have  no  power,  and  no  power  shall  exist 
to  excuse  any  officer  from  making  the  montlily  report  herein  prescribed  and 
directed. 

225.  Regulations  affecting   department   expenditures — Sec.    8.     Whenever, 

in  the  opiniim  of  said  cunference  coniniiltee,  any  officer,  board  or  depart- 
ment of  said  city,  or  of  said  school  district,  is  not  observing  econorr^cal  man- 
ageinent  of  his  or  its  official  business,  and  has,  in  the  opinion  of  said  com- 
mittee, during  the  then  fiscal  year,  made  or  incurred  such  amount  of  expenses 
that  said  officer,  board  or  department,  or  said  board  of  school  inspectors  will 
not  be  able  to  go  through  the  then  fiscal  year  without  an  expenditure  exceed- 
ing the  amount  of  money  which  will  be  available  for  such  expenditure,  under 
the  provisions  of  law  or  of  this  charter,  then  said  conference  committee  shall 
immediately,  by  resolution,  so  advise  said  officer  or  department,  or  said  board 
of  school  inspectors,  and  thereafter  said  officer  or  department  or  the  said 
board  of  school  inspectors  shall  have  no  power  or  authority  to  create  any 
additional  indebtedness  or  expenses,  save  after  the  approval  of  four-fifths 
(4-5)  of  said  committee,  which  approval  shall  be  evidenced  by  a  resolution 
adopted  at  a  meeting  of  said  committee  and  entered  upon  its  records.  Said 
resolution  of  approval  shall  not  be  construed  as  granting  any  officer, 'board 
or  department  of  said  city,  or  said  board  of  school  inspectors  any  power  or 
authority  not  granted  by  existing  laws,  or  by  this  charter.  Said  committee  is 
also  authorized  and  directed,  from  time  to  time,  to  give  any  officer  or  board 
of  said  city,  or  said  board  of  school  inspectors,  such  caution  and  advice  as, 
in  its  opinion,  the  welfare  and  economical  management  of  the  affairs  of  said 
city  or  said  school  district  demand. 


54  CHARTER  OF  CITY  OF  ST.  PAUL. 

CHAPTER    VI. 

Department   of    Public    works. 

TITLE  I. 
Board  of  Public  Works. 

226.  How  constituted — Qualifications  of  members. — Section  1.  There  is 
hereby  established  an  executive  department  of  the  municipal  government  of 
the  City  of  St.  Paul,  to  be  known  as  "The  Board  of  Public  Works  of  the 
City  of  St.  Paul,"  to  be  constituted  and  organized  as  hereinafter  provided. 

Sec.  %.  The  board  of  public  works  of  the  City  of  St.  Paul  shall  consist' 
of  three  (3)  freeholders  and  qualified  electors  of  said  city,  none  of  whom  shall 
hold  any  other  office  under  the  charter  or  ordinances  of  said  city.  Provided, 
however,  that  the  members  of  said  board  in  office  at  the  time  this  charter 
goes  into  effect  shall  serve  their  respective  terms,  and  said  board  shall  consist 
of  four  members  until  the  second  Monday  in  March,  1901,  but  shall  have 
no  powers  or  duties  except  as  provided  in  this  charter. 

227.  Term — Oath  of  office. — Sec.  ?>.  On  the  second  Monday  in  March, 
1901,  the  mayor  of  said  city  shall  appoint  one  (l)  member  of  said  board  for 
the  term  of  one  (1)  year,  and  on  the  second  Monday  in  March,  1902,  said 
mayor  shall  appoint  three  members  of  said  board,  one  (1)  for  the  term  of 
one  (1)  year,  one  (l)  for  the  term  of  two  (2)  years  and  one  (1)  for  the  term 
of  three  (3)  years,  and  annually  thereafter,  on  the  second  Monday  in  March, 
said  mayor  shall  appoint  one  member  of  said  board  for  the  term  of  three  (3) 
years,  and  until  his  successor  is  elected  and  qualified. 

Sec.  4.  Each  member  of  said  board  shall,  before  entering  upon  the  dis- 
charge of  his  duties,  take  and  subscribe  an  oath  to  faithfully  and  impartially 
perform  the  duties  of  his  office  to  the  best  of  his  ability.  The  said  oath  shall 
be  filed  in  the  office  of  the  city  comptroller. 

228.  Relating  to  contracts,  etc. — Sec.  5  No  member  of  the  board  of 
public  works,  nor  officer  or  clerk  in  their  employ,  shall  be  interested,  either 
directly  or  indirectly,  in  any  contract  made  and  entered  into  by  said  board  of 
public  works  for  any  work  or  for  any  materials  to  be  furnished  therefor;  and 
all  contracts  made  with  said  board,  in  which  any  member  or  officer  (of  said 
board)  shall  be  so  interested,  shall,  at  the  option  of  the  city,  be  declared 
utterly  void  and  of  no  binding  effect  whatever;  and  any  member  or  officer 
of  said  board  interested  in  any  contract  shall  thereby  forfeit  his  office  and 
be  removed  therefrom  on  proof  of  such  delinquency;  and  it  is  hereby  made 
the  duty  of  each  member  of  said  board  of  public  works  and  of  the  mayor 
and  every  officer  of  said  city  to  report  to  the  common  council  any  such  de- 
linquency when  discovered.  Any  member,  officer  or  clerk  of  said  board  who 
shall  be  interested,  directly  or  indirectly,  in  any  such  contract  or  contracts 
aforesaid,  and  any  contractor  or  other  person  who  shall  take  any  such  con- 
tract or  contracts  with  knowledge  of  such  interest  of  such  member,  officer  or 
clerk  of  said  board  in  said  contract  or  contracts,  or  who  shall  corruptly  influ- 
ence or  attempt  to  influence  the  action  of  any  member,  officer  or  clerk  of 
said  board  in  the  letting  or  making  or  entering  into  any  contract,  or  in  the 
performance  of  any  official  duty  of  such  member,  officer  or  clerk  shall  be 
guilty  of  a  misdemeanor  and  liable,  on  indictment  and  conviction  thereof, 
to  be  punished  by  imprisonment  for  a  period  not  exceeding  six  (6)  months 
or  a  fine  not  exceeding  one  thousand  dollars  ($1,000),  or  both  such  imprison- 
ment and  fine  in  the  discretion  of  the  court. 

229.  President,  clerk,  rules,  etc. — Sec.  0.  Said  board  shall  annually  elect 
one  of  their  number  president,  and  they  shall  have  the  p'ower  to  establish 
by-laws,  rules  and  regulations  for  their  government  and  the  officers  and  em- 
ployes thereof.     They  shall  appoint  a  clerk  of  said  hoard,  whose  term  of  office 


COMMISSIOXER  OF  PUBLIC  WORKS. 

shall  be  at  the  pleasure  of  said  board,  and  whose  duty  it  shall  be  to  keep 
the  records  and  papers  thereof,  and  he  shall  record  their  proceedings,  and  per- 
form such  other  duties  as  may  be  assigned  to  him  by  said  board.  Before  en- 
tering upon  the  discharge  of  his  duties  he  shall  take  and  subscribe  an  oath 
that  he  will  faithfully  execute  his  duties  to  the  best  of  his  ability;  he  shall 
also  execute  a  bond  to  the  City  of  St.  Paul,  with  sureties,  in  such  sum  and 
upon  such  conditions  as  may  be  approved  by  said  board,  which  bond  shall  be 
filed  with  the  city  comptroller.  He  shall  receive  such  salary  as  the  board 
of  public  works  shall  determine,  and  as  shall  be  approved  by  the  common 
council. 

TITLE  2. 
Commissioner  of  Public  Works. 

230.  Term — Qualifications. — Section  1.  On  the  second  Tuesday  in  March, 
1902,  and  each  three  C!)  years  thereafter,  the  mayor  shall  appoint  a  qualified 
elector  of  said  city,  who  shall  have  been  for  at  least  five  (5)  years  a  duly  qual- 
ified civil  engineer,  to  be  commissioner  of  public  works.  The  term  of  said 
commissioner  shall  be  three  (3)  years,  and  until  his  successor  is  elected  and 
qualified.  Before  entering  upon  the  discharge  of  his  duties,  the  said  commis- 
sioner shall  take  and  subscribe  an  oath  that  he  will  faithfully  and  impartially 
perform  his  duties  to  the  best  of  his  ability,  and  he  shall  also  execute  a  bond 
to  the  City  of  St.  Paul,  with  such  sureties  and  in  such  sum  and  upon  such 
conditions  as  shall  be  approved  by  the  common  council,  which  oath  and  bond 
shall  be  filed  with  the  city  comptroller. 

The  city  engineer  in  office  at  the  time  this  charter  takes  effect  shall  per- 
form all  of  the  duties  of  commissioner  qf  public  works  until  the  appointment 
of  a  commissioner  by  the  mayor  as  aforesaid.  If  the  said  city  engineer  shall 
vacate  his  ofifice,  for  any  cause,  before  the  second  Tuesday  in  March,  1902, 
then  the  mayor  shall  appoint  some  person,  with  the  qualifications  in  this 
charter  prescribed  for  the  commissioner  of  public  works  to  serve  in  place  of 
said  city  engineer  until  the  appointment  of  a  commissioner  as  aforesaid.  The 
said  city  engineer,  or  any  person  appointed  in  his  place,  to  serve  until  the 
second  Tuesday  in  March,  1902,  shall  perform  all  of  the  duties,  and  be  vested 
with  all  of  the  powers  imposed  on  the  commissioner  of  public  works  by  the 
provisions  of  this  charter. 

231.  Assistants  and  employes. — Sec.  2.  The  said  commissioner  of  public 
works  shall  appoint  a  first  assistant  commissioner,  who  shall  be  a  duly  qual- 
ified civil  engineer,  and  such  other  assistants  and  employes  as  may  be  nec- 
essary to  enable  him  to  perform  the  duties  imposed  upon  the  commissioner 
of  public  works  by  the  provisions  of  this  charter;  all  of  whom  shall  hold  their 
respective  offices  and  employment  at  the  pleasure  of  said  commissioner.  The 
ccjmpensation  of  all  assistants,  except  the  said  first  assistant,  shall  be  fixed 
bj^  the  commissioner,  with  the  consent  of  the  common  council. 

232.  Duties  of  commissioner. — Sec.  3.  The  commissioner  of  public  works 
shall  have  general  charge  of  and  shall  perform  all  the  engineering  work  re- 
quired by  the  city  in  each  of  its  departments,  but  neither  the  said  com- 
missioner, nor  his  assistants  or  clerks,  or  other  employes,  shall  perform  any 
other  services  except  those  connected  with  their  official  duties  or  employment. 
Said  commissioner  shall  keep  a  full  official  record  of  all  work  in  his  office, 
which  record  shall  belong  to  the  city. 

The  said  commissioner  shall  have  charge  of  all  public  works  in  said  city, 
and  shall  be  charged  with  the  construction,  control  and  supervision  of  all  side- 
walks, streets,  lanes,  pathways,  bridges,  alleys,  public  levees  and  sewers,  and 
it  is  hereby  made  the  duty  of  said  commissioner  at  all  times  to  have  and  to 
keep  all  the  sidewalks,  streets,  lanes,  pathways,  bridges,  alle)''s  and  public 
levees  in  a  cleanly  condition,  passable  and  safe  for  public  use  and  travel;  and 
said  commissioner  shall  also  have  charge  of  the  sewerage  system  of  the  city, 


56  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  shall  employ  and  have  full  charge  of  the  street  and  sewer  force,  but  the 
common  council  shall  fix  the  rate  of  compensation  to  be  paid  therefor. 

233.  Building  inspector.  Sec.  4.  The  said  commissioner  of  public  works 
shall  be  cx-otiicio  building  inspector,  and  as  such  shall  perform  all  the  duties 
and  possess  all  the  powers  imposed  and  conferred  by  law,  and  by  this  char- 
ter and  the  ordinances  of  said  city  upon  such  building  inspector.  Provided, 
however,  that  the  building  inspector  in  office  at  the  time  this  charter  takes 
effect  shall  be  continued  in  office  as  building  inspector  until  the  expiration  of 
the  term  for  which  he  was  appointed  and  until  such  time  shall  have  charge 
and  control  of  the  erection  and  inspection  of  buildings,  and  perform  all  the 
duties  imposed  upon  the  building  inspector  by  law,  by  this  charter  and  the 
ordinances  of  said  city.  The  said  building  inspector  may,  until  the  expiration 
of  his  term,  employ  such  assistants  and  clerks  as  are  necessary  to  enable  him 
to  perform  the  duties  of  his  office.  Such  assistants  and  clerks  shall  serve  at 
the  pleasure  of  said  inspector,  and  he  may  fix  their  compensation.  If  the 
building  inspector  in  office  at  the  time  this  charter  goes  into  effect  should 
fail  for  any  cause  to  serve  out  the  term  for  which  he  was  elected,  then  upon 
his  so  vacating  his  office,  no  successor  shall  be  appointed,  but  the  commis- 
sioner of  public  works  shall  fortnwith  assume  and  thereafter  perform  all  of 
the  duties  devolving  upon  the  building  inspector. 

TITLE  3. 

Local  Improvements  and  Special  Assessments. 

234.  General  powers  of  city. — Section  1.  The  municipal  corporation  of 
the  City  of  St.  Paul  is  hereby  authorized  and  empowered  to  condemn  land  for 
public  parks,  public  markets,  for  the  opening,  widening  and  extending,  alter- 
ing and  straightening  of  any  street,  levee,  lane,  alley  or  highway,  and  to  con- 
demn an  easement  in  land  across,  over,  or  under  the  property  of  corporations, 
for  streets,  bridges,  approaches,  culverts,  viaducts,  ditches  and  for  any  and 
all  other  public  improvements,  and  to  condemn  an  easement  in  land  for  the 
construction  of  slopes,  or  retaining  walls  for  cuts  and  fills  upon  real  prop- 
erty abutting  on  any  street,  levee,  lane,  allej'  or  highway  now  ordered  or 
such  as  shall  hereafter  be  ordered  to  be  opened,  extended,  altered,  straight- 
ened or  graded,  and  for  changes  of  grade  in  any  street,  levee,  lane,  alley 
or  highways,  and  to  abate  nuisances,  and  to  drain  swamps,  marshes  and 
ponds  and  to  fill  the  same  in  said  city,  and  to  levy  assessments  for  all  the 
improvements  mentioned  above,  and  for  such  other  local  improvements  as 
may  be  ordered  by  said  municipal  corporation  upon  property  to  be  bene- 
fited by  such  improvements  without  regard  to  cash  valuation.  The  provis- 
ions of  this  section  shall  apply  to  any  and  all  improvements  heretofore  or- 
dered, as  well  as  to  those  that  shall  be  hereafter  ordered. 

235.  Improvements  subject  to  assessment. — Sec.  2.  Such  assessments 
may  be  made  by  said  City  of  St.  Paul  for  grading,  filling,  leveling,  paving, 
curbing,  walling,  bridging,  graveling,  macadamizing,  planking,  opening,  ex- 
tending, widening,  contracting,  altering  and  straightening  any  streets,  levee, 
lane,  alley  or  highway,  and  for  a  change  of  grade  in  any  of  the  same,  and 
also  for  the  condemnation  of  land  for  public  parks,  public  markets,  and  for 
an  easement  in  land  across,  over  or  under  the  property  of  corporations  for 
streets,  bridges,  approaches,  culverts,  viaducts,  ditches  and  for  any  and  all 
other  public  improvements,  and  for  an  easement  in  land  for  the  construction 
of  slopes  and  retaining  walls  for  cuts  and  fils  in  any  street,  levee,  lane,  alley 
or  highway,  which  has  heretofore  been,  or  shall  hereafter  be  ordered  to  be 
opened,  extended,  widened,  altered  or  straightened,  and  for  a  change  of  grade 
in  any  of  the  same,  and  also  for  keeping  the  same  in  repair,  also  for  filling, 
grading,  protecting,  improving  and  ornamenting  any  public  park,  square  or 
grounds,  now  or  hereafter  laid  out,  also  for  planting  and  protecting  shade  and 
ornamental  trees,  also  to  abate  nuisances,  and  to  drain  swamps,  marshes  and 
ponds,  and  to  fill  the  same,  also  for  constructing,  laying  and  repairing  cross- 


LOCAL   LMPROVEMEXTS   AND    SPECL'^L   ASSESSMENTS.       or 

walks  and  sidewalks,  retaining  walls,  area  walls,  gutters,  sewers  and  private 
drains,  and  enlarging  all  of  the  same,  and  also  for  the  abatement  of  any  and 
all  public  nuisances  within  the  limits  of  said  city.  "And  the  City  of  St.  Paul 
is  hereb}'  authorized  and  empowered  to  change  the  grade  of  any  street  and 
condemn  and  take  an  easement  in  the  land  abutting  on  said  street  for  the  con- 
struction of  slopes  and  fills  in  the  grading  of  said  street  to  the  grade -as  so 
changed  as  one  (l)  improvement  and  under  one  (1)  and  the  same  proceeding." 

236.  Cost  paid  by  assessment. — Exceptions. — Sec.  ?,.  The  expenses  of  any 
improvements  mentioned  in  the  foregoing  section  shall  be  defrayed,  save  as 
herein  otherwise  provided,  by  an  assessment  upon  the  real  estate  benefited 
thereby  to  be  levied  in  the  manner  hereinafter  prescribed;  provided,  that  the 
construction,  reconstruction  or  maintenance  of  cross  footwalks  over  public 
streets,  lanes  or  alleys  and  sidewalks  adjacent  to  public  squares,  public 
grounds  and  public  parks  shall  be  paid  out  of  the  general  fund  of  said  city; 
and  that  all  or  any  part  of  the  expense  of  improving  or  ornamenting  public 
grounds,  squares  and  parks,  and  the  paving,  repaving,  macadamizing  and 
grading  of  the  space  occupied  by  street  intersections  may,  if  the  common 
council  of  said  city  deem  it  expedient,  be  paid  out  of  the  general  fund  of 
said  city. 

237.  Assessments,   how   made. — Sec.    4.     All    assessments     for    local    im 
provements  aforesaid,  as  provided  in  this  chapter,  shall  be  made  by  the  board 
of  public   works  of  the   City  of   St.   Paul,  except   as   may   be   herein   otherwise 
provided. 

238.  Improvements — How  ordered — Board  of  public  works  and  common 
council — Petitions. — Sec.  5.  .\I1  applications  or  propositions  for  any  improve- 
ment mentioned  in  this  title,  except  public  parks  and  parkways,  shall  be  made 
to  or  emanate  from  the  common  council  of  said  city,  and  shall  be  first  re- 
ferred to  the  board  of  public  works  by  said  common  council,  and  in  making 
such  reference  the  common  council  shall  specify  what  portion,  if  anj',  of  the 
said  improvement  shall  be  paid  for  out  of  the  general  fund;  provided,  that 
any  such  application  made  to  said  council  shall  be  in  writing  and  said  council 
shall  not  be  required  to  proceed  further  with  any  such  application,  by  refer- 
ence to  the  board  of  public  works,  or  otherwise,  unless  the  said  council  is 
satisfied  that  the  owners  of  at  least  one-half  (3^)  of  the  property  fronting 
and  abutting  upon  the  line  of  said  proposed  improvement  resident  within 
Ramsey  county  has  subscribed  to  such  applications.  Upon  such  references 
said  board  shall  then  proceed  to  investigate  the  same,  and  if  it  shall  determine 
that  such  improvement  is  necessary  and  proper,  it  shall  report  such  deter- 
mination to  the  common  council,  accompanied  with  (save  in  the  case  of  side- 
walks) an  estimate  of  the  expense  thereof  and  a  plan  or  profile  of  the  con-v 
templated  improvement  and  a  proper  order  directing  the  work  to  be  done. 
Provided  further,  that  it  shall  not  be  competent  for  said  common  council 
to  order  any  improvement  made  against  the  report  of  said  board  when  the 
board  has  assigned  as  a  reason  for  their  adverse  report  that  property  cannot 
be  found  benefited  to  the  extent  of  the  damages,  costs  and  expenses  neces- 
sary to  be  incurred  thereby,  except  that  portion  to  be  paid  for  out  of  the 
general  fund.  In  case  said  board  shall  report  in  favor  of  said  improvement, 
or  of  a  modification  thereof,  and  that  the  same  is  necessary  and  proper,  and 
that  property  can  be  found  benefited  to  the  extent  of  the  damages,  costs  and 
expenses  necessary  to  be  incurred  thereby,  except  that  portion  to  be  paid  for 
out  of  the  general  fund,  the  common  council  may,  in  its  discretion,  unless 
otherwise  provided  for  in  this  chapter,  by  a  two-thirds  (2-3)  vote  of  the  whole 
number  of  each  body,  order  the  doing  of  said  work  or  the  making  of  said 
public  improvement  reported  as  aforesaid.  Provided,  futher,  that  such  mod- 
ification shall  not  materially  change  the  character  and  object  of  the  improve- 
ment so  referred  to  said  board  by  said  council  or  materially  increase  the  ex- 
pense thereof.  And,  provided  further,  that  the  common  council  shall  in  no 
case  order  the  doing  of  any  such  work,  or  the  making  of  any  such  improve- 
ment,  unless,    in    their    opinion,   real    estate    to    be    assessed   for   such    work   or 


5S  CHARTER  OF  L  IIA   ui-   SI.  i'ALL. 

improvement  can  be  found  benefited  to  the  extent  of  the  damages,  cost  and 
expenses  necessary  to  be  incurred  thereby,  except  that  portion  to  be  paid 
for  out  of  the  general  fund.  Two  (2)  or  more  improvements  upon  one  or 
more  streets,  either  of  grading,  sewering  or  paving,  or  either  or  any  of  them, 
may  be  done  at  the  same  time  under  one  order  and  may  be  included  in  one 
contract.  Before  any  final  order  is  made  under  this  section,  the  members  of 
the  body  of  the  common  council  acting  on  same,  save  in  the  case  of  sidewalks 
shall  examine  the  general  plans  or  profiles  therefor  and  the  presiding  officer 
shall  indorse  said  plans  or  profiles  and  make  declaration  of  such  indorsement 
of  said  body.  No  crosswalks  shall  be  built  until  the  same  have  been  referred 
to  said  board  and  said  board  have  reported  in  favor  thereof.  Provided,  how- 
ever, that  no  improvement  in  the  nature  of  grading  of  streets  or  laying  ui 
new  sidewalks,  shall  be  ordered  until  at  east  one-third  (1-3)  of  the  owners 
of  the  property  fronting  thereon,  according  to  the  transfer  books  in  the  office 
of  the  county  auditor,  at  the  date  of  the  preliminary  order,  shall  have  peti- 
tioned therefor  in  writing.  Said  petition  shall  state  the  residence  of  each 
petitioner  and  shall  be  prima  facie  evidence  thereof.  Said  board  shall  report 
whether  the  required  proportion  of  such  owners  have  so  petitioned,  and  tlicir 
report  shall  be  prima  facie  evidence  of  the  facts  therein  stated. 

239.  Hearings  on  improvements — Notice. — Sec.  6.  Whenever  a  prelim- 
inary order  shall  have  been  passed  by  the  common  council  referring  to  the 
board  of  public  works,  the  making  of  any  local  improvement  for  which  an 
assessment  is  to  be  made,  it  shall  be  the  duty  of  the  board  of  public  works, 
upon  the  receipt  of  such  preliminary  order  from  the  common  council,  to  fix 
a  time  and  place  when  and  where  all  persons  interested  in  the  making  of  such 
improvement  may  appear  before  said  board  and  be  heard,  and  said  board 
shall,  at  least  ten  (10)  days  prior  to  such  hearing  cause  a  notice  of  the  time 
and  place  thereof  to  be  mailed  to  the  owner  or  agent  of  or  for  each  lot  or 
parcel  of  land  abutting  on  the  line  of  such  proposed  improvement,  as  the 
name  of  such  owner  or  agent  appears  in  the  books  in  the  office  of  the  city 
treasurer  of  the  City  of  St.  Paul.  If  said  board  of  public  works  shall  fail 
to  give  or  cause  to  be  given  such  notice,  such  failure  shall  not  invalidate  any 
of  the  proceedings  relating  to  the  making  of  such  improvements,  or  of  any 
assessment  therefor,  but  if  such  failure  be  willful  on  the  part  of  said  board, 
it  shall  constitute  misconduct  in  office,  and  be  ground  for  the  removal  of  any 
member  of  such  board  participating  in  such  misconduct,  by  a  two-thirds  (2-o) 
vote  of  all  members  elect  of  the  common  council. 

240.  Assessment  d'.strict — Assessment — Errors. — Sec.  7.  After  a  contract 
for  tlie  making  of  any  public  improvement  fur  which  an  assessment  is  required 
to  be  made  under  the  provisions  of  this  charter  sha.ll  have  been  awarded  and 
before  the  same  is  executed,  and  becomes  operative  the  board  of  public  works 
shall  determine  the  district  within  which  property  will  be  specially  benefited 
by  said  improvement  and  shall  compute  the  total  valuation  of  all  of  the  prop- 
erty within  said  district  subject  to  assessment  for  such  improvement  accord- 
ing to  the  last  assessed  valuation  of  such  property  for  purposes  of  general 
taxation;  and  said  board  shall  also  compute  the  cost  of  making  such  im- 
provement together  with  the  cost  of  the  proceedings  for  the  collection  of  the 
assessment  therefor.  Tf  such  cost  shall  exceed  t\>enty-five  per  cent  of  such 
total  assessed  valuation  the  said  board  shall  then  certify  the  amount  of  such 
excess  to  the  common  council.  The  common  council  shall  thereupon  be  au- 
thorized either  to  make  proyision  for  the  payment  of  the  amount  of  such  ex- 
cess out  of  the  general  fund  of  said  city  or  to  cancel  all  proceedings  there- 
tofore had  or  taken  relating  to  the  making  of  such  improvement.  If  the  com- 
mon council  shall  direct  the  payment  of  such  excess  out  of  the  general  fund 
as  aforesaid,  then  the  board  of  public  works  shall  proceed  to  assess  the  bal- 
ance of  the  cost  of  the  making  of  such  improvement,  together  with  the  cost 
of  collecting  the  assessment  therefor  as  provided  by  this  charter.  Every 
award  of  a  contract  for  any  such  improvement  shall  be  deemed  to  be  made 
subject  to  the  right  of  the  common  council  to  cancel  all  proceedings  in  the 
manner  aforesaid.     No  error  on  the  part   of  the   lioard   of  public  works  or  of 


LOCAL    IMPROVK.MEXTS    AND    SPECIAL   ASSESSMENTS. 


59 


any  officer  of  said  city  in  computing  the  assessed  valuation  of  property  or  the 
cost  of  making  any  such  improvement  for  the  purposes  aforesaid  shall  in  any 
way  affect  the  validity  of  any  of  the  proceedings  relating  to  the  making  of  any 
such  improvement  or  the  levying  and  collection  of  the  assessment  therefor. 

241.  Condemnation  proceedings. — Sec.  8.  Whenever  any  order  is  passed 
by  the  common  council  by  virtue  hereof,  for  the  making  of  any  public  im- 
provement (mentioned  in  this  title,  save  as  herein  otherwise  provided),  which 
shall  require  the  appropriation  or  condemnation  of  any  land  or  real  estate, 
the  said  board  of  public  works  shall,  as  soon  as  practicable,  proceed  to  ascer- 
tain and  assess  the  damages  and  recompense  the  owners  of  such  land  respect- 
ively, and  at  the  same  time  to  determine  what  real  estate  will  be  benefited 
by  such  improvement  and  assess  the  damages,  together  with  the  costs  of  the 
proceedings  on  the  real  estate  by  them  deemed  benefited,  in  proportion,  as 
nearly  as  may  be,  to  the  benefit  resulting  to  each  separate  lot  or  parcel 
thereof. 

242.  Notice  of  assessment — Hearings. — Sec.  9.  The  said  board  of  pub- 
lic works  shall  then  give  llftecn  (15)  days'  notice  by  one  (1)  publication  in 
the  official  newspaper  of  the  city,  of  the  time  and  place  of  their  meeting,  foi 
the  purpose  of  making  said  assessment,  in  which  notice  they  shall  specify 
what  such  assessment  is  to  be  for,  and  they  shall  describe  the  land  to  be  con- 
demned as  near  as  may  be  done  by  general  description,  and  all  persons  inter- 
ested in  any  such  improvement  shall  have  the  right  to  be  present  and  be 
heard,  either  in  person  or  by  counsel,  and  the  city  attorney  as  counsel  for 
the  City  of  St.  Paul,  shall  be  permitted  to  appear  before  them  at  such  hear- 
ing to  represent  the  interests  of  said  city.  The  said  board  shall  view  the 
premises  to  be  condemned,  and  receive  any  legal  evidence  that  may  be  offered 
for  the  purpose  of  proving  the  true  value  thereof,  or  the  damages  that  will 
be  sustained,  or  benefits  conferred  by  reason  of  the  contemplated  improve- 
ment; and  the  said  board  for  this  purpose  are  hereby  authorized  to  adminis- 
ter oaths  to  all  witnesses  produced  before  them,  and  they  may  adjourn  from 
time  to  time,  and  place  to  place,  until  such  assessment  is  completed,  and 
said  board  shall  have  authority  to  send  for  persons  and  papers  and  to  com- 
pel the  attendance  of  witnesses,  and  shall  have  authority  to  issue  subpoenas 
under  the  seal  of  the  board. 

243.  Damages — How  awarded — Interest — Consummation  of  condemna- 
tion.— Sec.  10.  The  said  hoard  (;t  public  \vork>,  in  niakin.g  said  assessment, 
shall  determine  and  appraise  to  the  owner  or  owners  the  value  of  the  real 
estate  appropriated  for  the  improvements,  and  the  damages  arising  to  them 
respectively  from  the  condemnation  thereof,  which  shall  be  awarded  to  such 
owners  respectively,  as  damages,  after  making  due  allowance  therefrom  for 
any  benefit  which  such  owners  may  respectively  derive  from  such  improve- 
ments. 

And  said  sum,  so  awarded  as  damages,  shall  bear  interest  at  the  rate 
of  seven  (7)  per  cent  per  annum  from  and  after  the  date  of  the  confirmation 
of  _  the  assessment  therefor  as  hereinafter  provided  for  until  paid.  The  con- 
demnation, taking  and  appropriation  of  an}-  real  property  or  an  easement 
therein  for  any  improvement  shall  be  deemed  to  be  done  and  full}'  consum- 
mated upon  the  conrn-mati(ni  by  said  board  of  the  assessment  of  damages 
and  benefits  therefor. 

244.  Damages  in  excess  of  benefits.^Sec.  11.  Tf  the  damage  to  any  per- 
son l)e  greater  than  the  benelit  received,  or  if  the  benefit  be  greater  than 
the  damage,  in  either  case  the  said  board  of  public  works  shall  strike  a  bal- 
ance and  carry  the  difference  forward  to  another  column,  so  that  the  assess- 
ment may  show  what  amount  is  to  be  received  or  paid  by  such  owners  re- 
spectively, and  the  difference  only  shall  in  any  case  bo  collect iblo  of  them  or 
paid  to  them. 

245.  Land  donations — Discretion  of  board. — Sec.  1:.'.  In  llie  assessment 
of  damages   and   InMielils    for   the   oi)ening  of   any    street,   levee,   l.ane,   highway 


60  CHARTER  OF  CITY  OF  ST.  PAUL. 

or  alley,  it  shall  be  lawful  for  the  said  board  of  public  works,  in  their  dis- 
cretion, in  making  such  as.sessment,  where  part  of  the  land  to  be  laid  out 
into  such  street,  levee,  lane,  highway  or  alley,  has  been  heretofore  donated 
by  any  person  or  persons  for  such  street,  levee,  lane,  highway,  or  alley,  to 
appraise  the  value  of  the  land  so  donated,  and  to  apply  the  value  thereof  as 
far  as  the  amount  so  appraised  shall  go,  as  an  offset  to  the  benefits  assessed 
against  the  person  or  persons  making  such  donation,  or  those  claiming  under 
them;  but  nothing  herein  contained  shall  authorize  any  person  or  persons  by 
whom  such  donation  is  made,  to  claim  from  the  city  the  amount  of  such 
appraisal  except  as  an  offset  as  herein  provided.  And  where  the  assessment 
is  one  for  the  widening  of  any  street  which  may  have  been  heretofore,  either 
in  whole  or  in  part,  donated  to  the  pubiic  by  the  proprietors  of  the  adjoining 
land,  it  shall  also  be  lawful  for  said  board  of  pubiic  works,  in  their  discre- 
tion, to  make  such  allowance  therefor,  in  their  assessment  of  benefits,  as  shall 
in  their  opinion  be  equitable  and  just. 

246.  Damages  for  buildings — Appraisal — Removal — Notice. — Sec.  13.  If 
there  should  be  any  building  standing,  in  whole  or  in  part,  upon  the  land  to 
be  taken,  the  said  board  of  public  works  shall  add  to  their  estimate  of  dam- 
ages for  the  land,  the  damages  also  for  the  building  or  part  of  building  nec- 
essary to  be  taken,  if  it  be  the  property  of  the  owner  of  the  land.  When 
owned  by  any  other  person,  the  damages  for  the  building  shall  be  assessed 
separately.  The  value  of  such  building  to  the  owner  to  remove,  or  of  the 
part  thereof  necessary  to  be  taken,  shall  also  be  determined  by  the  said  board 
of  public  works,  and  notice  of  such  determination  shall  be  given  by  them 
to  the  owner  when  known,  if  a  resident  of  the  city,  or  left  at  his  usual  place 
of  residence  or  abode.  If  the  owner  is  not  known,  or  is  a  non-resident,  ten 
(10)  days'  notice  by  one  (1)  publication  to  all  persons  interested  shall  be 
given  in  the  official  paper  of  the  city.  Such  owner  may,  at  any  time,  within 
ten  (10)  days  after  such  notice,  notify  the  board  of  public  works,  in  writing, 
of  his  election  to  take  such  building,  or  part  of  building,  at  their  appraisal; 
and  in  such  case  the  amount  of  such  appraisal  shall  be  deducted  by  the  board 
of  public  works  from  the  estimated  damages  for  the  land  and  building,  where 
they  belong  to  the  same  owner,  and  from  the  estimated  damages  for  the  build- 
ing where  they  belong  to  different  owners;  and  the  owner  shall  have  such 
time  for  the  removal  of  such  building,  after  the  confirmation  of  the  assess- 
ment, as  the  board  of  public  works  may  allow.  If  the  owner  shall  refuse  to 
take  the  building  at  the  appraisal,  or  fail  to  give  notice  of  his  election  as 
aforesaid,  within  the  time  prescribed,  then  no  deduction  shall  be  made  from 
the  estimated  damages  aforesaid,  and  the  said  board  of  public  works  shall, 
after  the  confirmation  of  the  assessment,  and  after  the  money  is  collected  or 
otherwise  provided  and  ready  in  the  hands  of  the  treasurer,  to  be  paid  over 
to  the  owner  for  his  damages,  proceed  to  sell  such  building  or  part  of  build- 
ing at  public  auction,  for  cash,  giving  ten  (10)  days'  public  notice  of  the  sale 
by  one  (1)  publication  in  the  official  paper  of  the  city,  and  cause  such  build- 
ing to  be  then  forthwith  rernoved.  The  proceeds  of  such  sale  shall  be  paid 
into  the  city  treasury,  to  the  credit  of  the   general   fund. 

247.  Joint  owners — Lands  subject  to  lease. — Sec.  14.  If  the  lands  and 
building  belong  to  different  persons,  or  if  the  land  be  subject  to  lease,  the 
damages  done  to  such  persons,  respectively,  may  be  awarded  to  them  by  the 
board  of  public  works,  less  the  benefits  resulting  to  them,  respectively,  from 
the  improvement. 

248.  Assessment  of  benefits. — Sec.  15.  Having  ascertained  the  damages 
and  expenses  of  such  imi)rt)vcmcnt,  as  aforesaid,  the  said  board  of  public 
works  shall  thereupon  apportion  and  assess  the  same,  together  with  the  costs 
of  the  proceedings,  upon  the  real  estate  by  them  deemed  benefited,  in  propor- 
tion to  the  benefits  resulting  thereto  from  the  improvement,  as  nearly  as  may 
be,  and  shall  briefly  describe  the  real  estate  upon  which  their  assessment  may 
be  made;  and  it  shall  constitute  no  legal  objection  to  such  assessment,  that 
the   amount   thereof   either   exceeds   or   falls   short   of   the   original    estimate   of 


LOCAL    IMPROVEAFEXTS    AXl)    SPECLAL   ASSESSMENTS.        (Ji 

the  cost  of  the  improvement   sul)mittcd  to  the  common  council   by  the   board 
of  public  works. 

249.  Notice  of  assessment — Hearing — Confirmation — New  assessments, 
when. — Sec.  Hi.  When  completed,  said  board  of  public  works  shall  cause  to 
be  given  ten  (10)  daj's'  notice  by  one  (l)  publication  in  the  official  paper  of 
the  city,  to  the  effect  that  such  assessment  has  been  completed,  and  that  at 
a  time  and  place  therein  specified  the  said  board  will  meet  for  the  purpose 
of  hearing  objections,  and  that  all  such  objections  must  be  filed  in  writing 
with  the  clerk  of  said  board  at  least  one  (l)  day  prior  to  said  meeting,  and 
that  unless  sufficient  cause  is  shown  to  the  contrary,  the  same  will  be  con- 
firmed, and  when  so  confirmed  shall  be  entered  in  a  book  kept  for  that  pur- 
pose. All  objections  to  said  assessments  shall  be  in  writing  and  filed  with 
the  clerk  of  said  board  at  least  one  (1)  day  prior  to  the  said  meeting  of  said 
board  last  mentioned.  Provided,  however,  that  the  said  board  may,  in  its 
discretion,  allow  any  party  interested,  who  has  accidentally  or  inadvertently 
omitted  to  file  his  objections  aforesaid,  to  do  so  at  the  time  of  meeting  of 
said  board  aforesaid.  Should  no  quorum  be  present  at  the  said  appointed 
meeting  of  said  board,  the  said  meeting  may  be  adjourned  by  the  member 
or  members  of  said  board  present,  or  if  none  of  the  members  are  present, 
by  the  clerk  of  said  board  to  such  otlier  convenient  time  and  place  as  may  be 
deemed  expedient.  Provided,  further,  that  nothing  herein  contained  shall  pre- 
clude the  said  board  from  causing  a  new  notice  aforesaid  to  be  given  of  a 
meeting  of  the  said  board  for  the  purpose  of  hearing  objections  to  said  as- 
sessment, and  for  the  confirmation  thereof  in  manner  as  before  required,  in 
case  the  previous  notice  shall  be  found  imperfect  or  in  case  of  a  defect  in  the 
attendance  of  the  members  of  said  board,  or  for  any  other  reason  which  shall 
be  satisfactory  to  said  board  for  so  doing.  The  said  board  shall  have  the 
power  to  adjourn  such  hearing  from  time  to  time,  and  shall  have  power,  in 
their  discretion,  to  revise  and  correct  the  said  assessment,  and  to  confirm  or 
set  aside  the  said  assessment  and  proceed  to  make  an  assessment  de  novo, 
without  any  further  order  from  the  council.  Said  assessment,  when  con- 
firmed, shall  be  final  and  conclusive  upon  all  parties  interested  therein,  except 
as  hereinafter  provided.  When  said  assessment  is  confirmed,  a  warrant  un- 
de  the  seal  of  said  board,  shall  issue  to  the  treasurer  of  said  city  for  the  col- 
lection of  the  same,  from  the  property  on  which  the  same  has  been  assessed, 
signed  by  the  mayor,  clerk  of  said  board  and  the  city  comptroller.  If  said 
assessment  shall  be  set  aside  by  the  said  board  as  aforesaid  or  by  the  court, 
the  said  board  of  public  works  shall  proceed  de  novo,  without  any  further 
order  from  the  council  to  make  another  or  new  assessment,  and  they  shall 
proceed  in  like  manner  and  give  the  like  notice  as  herein  required  in  relation 
to  the  first,  and  all  parties  in  interest  shall  have  the  like  rights,  and  the  said 
board  shall  perform  like  dutjes,  and  have  like  powers  in  relation  to  any  sub- 
sequent determination,  as  are  hereby  given  in  relation  to  the  first.  As  soon 
as  practicable  after  the  said  assessment  has  been  confirmed  and  entered,  the 
clerk  of  said  board  shall  cause  a  brief  notice  by  one  publication  of  the  same 
to  be  published  in  the  official  paper  of  said  city. 

250.  Appeals — Notice — Bond — Pleadings — Jurisdiction  of  court. — Sec.  17. 
Any  person  whose  property  has  been  appropriated,  and  who  has  tiled  objec- 
tions to  such  assessment  as  hereinbefore  provided^  shall  have  the  right  at 
any  time  within  ten  (10)  da3's  after  the  publication  of  said  notice  provided 
for  in  the  next  preceding  section  to  appeal  to  the  district  court  of  the  County 
of  Ramsey,  of.this  state,  from  the  order  confirming  said  assessment.  Said  ap- 
peal shall  be  made  by  filing  a  written  notice  with  the  clerk  of  the  board  of 
public  works,  specifying  the  name  of  the  court  in  which  the  appeal  is  taken, 
and  a  description  of  the  property  of  said  appellant  so  appropriated,  and  the 
objections  of  said  appellant  to  such  assessment,  and  by  filing  with  the  clerk 
of  said  court,  within  ten  (10)  days  thereafter,  a  copy  of  said  notice  of  appeal 
and  objections,  together  with  a  bond  to  the  City  of  St.  Paul  conditioned  to 
pay  all  costs  which  may  be  awarded  against  the  appellant,  in  such  sum  and 
with  such  surety  as  shall  be  approved  bj'  the  judge  of  said  court,  or  in  case 


62  CITARTF.R  OF  CITY  OF  ST.  PAUL. 

of  his  absence  or  inability  to  act.  by  the  judge  (if  any  court  of  record  in  this 
state,  together  with  a  copy  of  such  notice,  with  the  date  of  hling  thereon 
certified  by  the  clerk  of  the  board  of  public  works.  In  case  of  an  appeal  a 
copy  of  the  assessment  roll  as  confirmed  aforesaid,  certified  by  the  clerk  of 
said  board,  at  the  expense  of  the  appellant,  which  shall  in  no  case  exceed 
the  sum  of  three  (3)  dollars,  and  shall  forthwith  be  paid  into  the  city  treasury, 
shall  be  filed  in  the  office  of  the  clerk  of  the  court  to  which  such  appeal  shall 
be  taken,  and  the  cause  shall  be  docketed  by  such  clerk  in  the  name  of  the 
person  taking  such  appeal  against  the  City  of  St.  Paul  as  an  "appeal  from 
assessments."  The  said  cause  shall  then  be  at  issue,  and  it  may  be  brought 
on  for  hearing  by  either  party,  and  shall  have  the  preference  in  order  of 
trial  over  all  civil  causes  pending  in  said  court.  Such  appeal  shall  be  tried 
in  said  court  as  in  the  case  of  other  civil  causes,  except  that  no  pleading  shall 
be  necessary,  and  on  such  trial  the  only  question  to  be  passed  upon  shall 
be  whether  the  said  board  of  public  works  had  jurisdiction  in  the  case,  and 
whether  the  valuation  of  the  property  specified  in  the  objections  is  a  fair 
valuation,  and  the  assessment,  so  far  as  it  afifects  such  property,  is  a  fair  and 
impartial  assessment.  The  judgment  of  the  court  shall  be  either  to  confirm 
or  annul  the  assessment  in  so  far  as  the  same  af¥ects  the  property  appro- 
priated aforesaid  of  the  said  appellant,  from  which  judgment  no  appeal  or 
writ  of  error  shall  lie.  Costs  and  disbursements  may  be  taxed  upon  said 
appeal  as  in  other  civil  cases,  but  the  judgment  entered  therefor  against  said 
city  shall  be  a  separate  judgment  and  paid  out  of  the  general  fund  of-  said 
cit^^ 

251.  Payments  of  damages — Water  powers — Deeds. — Sec.  18.  When  such 
assessment  §hall  have  been  confirmed  the  same  shall  be  a  IjTwful  and  suffi- 
cient condemnation  of  the  land  ordered  to  be  appropriated  and  of  every  right, 
title,  estate,  lien  and  interest  therein  except  as  to  those  who  have  appealed 
therefrom  as  provided  by  section  seventeen  (17)  of  this  title.  The  City  of  St. 
Paul  shall  thereupon  cause  to  be  paid  to  the  owner  of  such  property  the 
amount  of  damages  over  and  above  all  benefits  which  may  have  been  awarded 
therefor  within  six  (G)  months  after  date  of  the  confirmation  of  such  assess- 
ment, with  interest  at  the  rate  of  seven  (7)  per  cent  per  annum.  If  in  any 
case  there  shall  be  any  doubt  as  to  who  is  entitled  to  the  damage  for  land 
taken  the  city  may  reciuire  of  the  claimant  a  bond  with  good  and  sufficient 
sureties  to  hold  the  city  harmless  from  all  loss,  costs  and  expenses  in  case 
any  person  should  claim  such  damages.  In  all  cases  the  title  to  the  land 
taken  and  condemned  in  the  manner  aforesaid  shall  be  vested  absolutely  in 
the  City  of  St.  Paul  in  fee  simple.  Provided,  however,  that  when  it  may  be 
necessary  to  condemn  any  land  for  the  opening,  extension  or  the  widening 
of  any  street  over  which  any  stream  of  water  runs,  and  which  the  owner 
thereof  may  desire  to  utilize  as  a  water  power,  the  common  council,  upon 
being  advised  of  said  fact,  may  order  the  taking  and  the  condemnation  of  the 
necessary  land  for  such  srreet,  with  the  reservation  that  the  owner  of  such 
land  shall  have  the  right  to  construct  flumes  or  mill  races  across,  through  or 
under  said  street,  and  construct  dams  above  and  below  said  street  and  the  flow 
of  said  land;  provided  further,  said  flumes,  races,  dams  or  flowing  shall  be  so 
constructed  and  used  as  not  to  obstruct  public  travel  on  said  street.  It  shall 
be  the  duty  of  the  clerk  of  the  board  to  cause  all  deeds  taken  by  the  city  of 
land  acquired  by  condemnation  to  be  recorded  without  delay,  and  the  said 
clerk  shall  be  the  custodian  thereof.  In  case  no  deed  is  given  it  shall  be  the 
duty  of  said  clerk  to  cause  the  county  auditor  and  city  treasurer  to  be  notified 
of  the  title  so  acquired  by  the  city,  giving  to  each  of  them  a  description  of  the 
land  so  acquired,  and  it  shall  be  the  duty  of  the  register  of  deeds  of  the  coun- 
ty of  Ramsey  to  record  all  such  deeds  without  requiring  the  certificate  of  the 
county  auditor,  county  treasurer  or  city  treasurer  that  the  taxes  and  assess- 
ments thereon  have  been  paid. 

252.  Possession  of  property  on  easement. — Sec.  19.  The  City  of  St.  Paul 
shall  have  the  right  to  enter  upon  and  take  possession  of  the  lands  and  prop- 
erty ordered  to  be  condemned,  or  of  any  easement  therein,  and  to  appropriate 


LOCAL    IMPROVEMENTS    AND    SPECL'\L    ASSESSMENTS.       63 

such  lands,  property  or  easement  to  the  purposes  for  which  the  same  is  con 
demned   upon   the   confirmation   of   the   assessment,  as   hereinbefore   provided. 
In   case   an   appeal   shall   be   taken   from   the    confirmation   of   such   assessment 
the  same  shall   not  delay  the  right  of  the  city  to  enter  upon  and  appropriate 
the  property  condemned. 

253.  Covenants,  etc.,  between  landlords  and  tenants. — Sec.  20.  When  the 
whole  of  any  lot  or  parcel  of  land  or  other  premises  under  lease  or  other 
contract  shall  be  taken  for  the  purposes  aforesaid  by  virtue  of  this  act,  all 
the  covenants,  contracts  and  engagements  between  landlords  and  tenants, 
or  any  other  contracting  parties  touching  the  same  or  any  part  thereof,  shall, 
upon  publication  of  the  notice  required  in  the  pereceding  section,  respectively, 
cease  and  be  absolutely  dicharged. 

254.  Parts  of  lots  under  contract. — Sec.  21.  Where  part  only  of  any  lot 
or  parcel  of  land  or  other  premises  so  under  lease,  or  other  conrtact,  shall 
be  taken  for  any  of  the  purposes  aforesaid  iSy  virtue  of  this  act,  all  the  cove- 
nants, contracts,  agreements  and  engagements  respecting  the  same,  upon  pub- 
lication of  the  aforesaid  notice,  shall  be  absolutely  discharged  as  to  the  part 
thereof  taken,  but  shall  remain  valid  as  to  the  residue  thereof;  and  the  rents, 
considerations  and  payments  reserved,  payable  and  to  be  paid  for  in  respect 
to  the  same,  shall  be  so  proportioned  as  that  the  part  thereof  justly  and  equit- 
ably payable  for  such  residue  thereof,  and  no  more,  shall  be  paid  and  recov- 
erable for  the  same. 

255.  Record  of  proceedings — Certified  copies. — Sec.  22.  All  proceedings 
taken  by  the  said  board  of  public  works  in  carrying  out  the  provisions  of  this 
title  shall  be  recorded  in  a  book  or  books  kept  for  that  purpose  by  the  clerk 
of  said  board,  describing  particularly  the  respective  improvements  and  the 
real  estate  taken  and  assessed.  The  said  books  in  which  said  proceedings 
have  been  entered  aforesaid,  and  the  official  files  and  papers  of  said  board 
of  public  works  shall  be  deemed  public  records  and  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  certified  copies  thereof  by  the  clerk  or  officer 
having  proper  custody  thereof,  with  the  seal  of  said  board  attached,  shall  be 
evidence  in  all  courts  to  the  same  effect  as  if  the  originals  were  produced. 
The  clerk  of  said  board  shall  be  entitled  to  receive  from  any  private  party 
for  any  certified  copy  or  transcript  aforesaid  furnished  said  private  party  the 
like  fees  as  are  received  for  such  services  by  the  clerk  of  the  district  court 
of  Ramsey  county. 

256.  Contracts — How  awarded — Assessment  of  cost — Repairs  not  exceed- 
ing $200 — Main  sewers  and  culverts. — Sec.  23.  Whenever  any  order  shall  be 
finally  passed  by  the  common  council  of  said  city  as  heretofore  provided  for 
filling,  grading,  leveling,  paving,  curbing,  walling,  bridging,  graveling,  macad- 
amizing or  planking  any  street,  levee,  lane,  alley  or  highway  or  for  keeping  the 
same  in  repair  or  for  filling,  grading,  protecting,  improving,  ornamenting  any 
public  square,  or  for  constructing  area  walls,  gutters,  sewers  and  private 
drains,  the  city  clerk  shall  transmit  a  copy  of  such  order  of  said  council  to 
said  board  of  public  works.  The  said  board  of  public  works  shall  cause  the 
said  work  to  be  let  and  done  as  hereinafter  provided;  and  after  the  whole 
of  said  work  shall  have  been  placed  under  contract,  as  hereafter  provided, 
the  said  board  shall  thereupon  proceed  without  delay  to  assess  the  amount, 
as  nearly  as  they  can  ascertain  the  same,  which  will  be  required  to  defray 
the  cost  of  such  improvement,  including  the  necessary  expense  of  making  such 
assessment  in  proportion,  as  nearly  as  may  be  to  the  benefit  resulting  thereto, 
in  manner  hereinafter  provided.  Provided,  however,  that  the  repairing  of  any 
street,  levee,  lane,  alley,  highway,  public  ground,  bridges  or  sewers,  the  cost 
of  which  repairs  is  estimated  not  to  exceed  the  sum  of  two  hundred  (200) 
dollars,  may  be  done  under  the  direction  of  said  board,  and  the  cost  thereof 
shall  be  paid  out  of  the  general  fund;  and,  provided  further,  that  nothing  here- 
in contained  shall  prevent  the  said  common  council  of  said  city  from  order- 
ing the  construction  of  one  or  more  main  sewers  or  culverts  in  accordance 
with  any  general  system  of  sewerage  which   said  common  council  may  adopt. 


64  ClIAirrEk  Ol'  C[T\  (J\-   ST.  PAUL. 

257.  Assessments  against  railway  property. — Sec.  24.  When  in  any  case, 
any  portion  of  the  cost  and  expense  of  making  any  improvement  mentioned 
in  the  foregoing  section  shall  bj'  virtue  of  any  valid  law  or  ordinance,  or  by 
virtue  of  any  valid  contract,  be  chargeable  upon  any  railway  company,  the 
amount  so  chargeable  may  be  assessed  upon  such  railway  company,  and  the 
balance  only  upon  the  real  estate  benefited  thereby,  and  the  city  may  collect 
the  amount  so  assessed  upon  said  railway  company,  by  distress  and  sale  of 
personal  property,  in  the  manner  provided  for  by  the  general  laws  of  this 
state  in  the  case  of  taxes  levied  upon  personal  property,  or  by  suit  brought 
for  that  purpose;  provided,  however,  that  any  real  estate  belonging  to  such 
railway  company,  and  deemed  benefited  b}'  the  said  improvement,  shall  be 
assessed  as  in  other  cases. 

258.  Notice  of  assessment — By  advertisement — Personal  notice. — Sec.  2.5. 
Before  proceeding  to  make  an  assessment  fur  any  improvement  men- 
tioned in  section  twenty-three  (23)  of  this  title,  said  board  of  public  works 
snail  give  six  (6)  days'  notice  by  one  (l)  publication  in  the  official  paper  of 
said  city,  of  the  time  and  place  of  their  meeting  for  the  purpose  of  making 
such  assessment,  in  which  notice  they  shall  specify  what  such  assessment  is  to 
be  for,  and  the  amount  to  be  assessed.  The  said  board  shall  also  give  at  least 
four  (4)  days'  personal  notice  to  the  same  effect  to  all  property  holders  inter- 
ested, or  their  agents,  resident  in  the  City  of  St.  Paul,  if  known  to  the  said 
board  and  found,  but  the  failure  to  give  such  personal  notice  shall  in  nowise 
afTect  the  validity  of  said  assessment,  or  of  any  of  the  proceedinggs.  All  per- 
sons interested  in  any  such  assessment,  shall  have  the  right  to  be  present 
and  be  heard,  either  in  person  or  by  counsel  and  the  said  board  may,  in  their 
discretion,  receive  any  legal  evidence,  and  may  adjourn,  if  necessary,  from 
time  to  time,  and  place  to  place.  The  personal  notice  required  by  this  section, 
may  be  made  by  depositing  in  the  S't.  Paul  postoffice,  a  postal  card  addressed 
to  the  property  owners  to  be  assessed,  or  their  agents,  resident  in  St.  Paul, 
at  least  four  (4)  days  prior  to  the  making  of  an  assessment,  upon  which  card 
shall  be  either  printed  or  written  substantially  what  the  published  notice  by 
this  section  is  now  required  to  contain,  but  the  failure  to  give  such  personal 
notice  shall  in  nowise  afifect  the  validity  of  said  assessment  or  of  any  of  the 
proceedings. 

259.  Duties  of  board  in  confirmation  same  as  in  condemnation  proceed- 
ings,— Sec.  26.  When  the  said  board  of  public  works  shall  have  completed 
their  assessment  provided  for  in  sections  twenty-three  (23),  twenty-four  (24'> 
and  twenty-five  (2.5),  they  shall  cause  like  notice  to  be  given  of  the  time  and 
place  when  said  board  shall  meet  to  hear  objections,  and  for  the  confirmation 
of  such  assessment,  as  hereinbefore  required  in  relation  to  assessments  for 
the  condemnation  of  real  estate;  and  objections  shall  be  made  in  like  manner, 
and  under  the  same  regulations  and  conditions,  and  all  parties  in  interest  shall 
have  like  rights  (except  the  right  of  appeal),  and  the  said  board  of  public 
works  shall  perform  like  duties,  and  have  like  power  in  relation  to  such  as- 
sessments as  are  herein  given  in  relation-  to  assessments  for  the  condemna- 
tion of  real  estate.  When  confirmed  by  the  said  board  of  public  works,  said 
asses,sment  shall  be  final  and  conclusive  upon  all  parties  interested  therein, 
and  shall  be  collected  as  in  other  cases,  and  no  appeal  shall  lie  in  any  case 
from  the  order  of  confirmation.  If  any  assessment -be  annulled  or  set  aside, 
the  said  board  of  public  works  shall  proceed  de  novo  to  make  another  or  new 
assessment  in  like  manner,  and  give  like  notice  as  herein  required  in  relation 
to  the  first. 

260.  Two  or  more  notices  may  be  combined — Sunday  publications. — Sec. 
27.  Two  (2)  or  more  of  the  notices  required  or  authorized  by  this  title  to 
be  given  by  the  board  of  public  works  or  the  city  clerk,  by  publication  in  the 
official  paper  of  the  city,  in  any  special  assessment  proceedings,  may  be  com- 
prised in  one  (1)  advertisement;  provided,  however,  such  notices  are  of  the 
same  general  character,  or  for  like  object.  And,  provided,  that  in  other  re- 
spects the  notice  so  published  shall  sufficiently  comply  with  the  essential  stat- 
utory requirements.     And  the  provisions  of   this   section   .sjiall   extend   to,  and 


LOCAL    LMPROVEMENTS    AND    SPECL\L   ASSESSMENTS.        65 

embrace  all  notices  required  to  be  given  in  the  official  paper  of  the  city,  by 
the  city  treasurer  of  the  delivery  to  him  of  all  special  assessment  warrants 
for  collection,  and  of  his  intended  application  to  some  court  of  general  juris- 
diction for  judgment  thereon  prcjvided  for  by  this  chapter.  Provided,  further, 
that  all  notices  required  to  be  given  by  or  under  this  title  by  publication  in 
the  official  paper,  shall  be  deemed  sufficient  and  legal  if  publisiied  on  the 
regular  publication  day  of  said  official  paper,  and  Sunday  shall  be  considered 
a  day,  and  be  counted,  for  the  purposes  of  this  title. 

261.  Assessments  for  municipal  quarries,  etc. — Sec.  :2s.  \\  hen  the  com- 
mon council  uf  said  city  shall  determine  to  make  any  public  improvement  in 
the  manner  provided  for  in  subdivision  fifty-nine  (59)  of  section  (10)  of  chap- 
ter four  (4)  of  this  charter,  the  cost  of  which  is  to  be  paid  out  of  assessments 
on  the  property  benefited  thereby,  the  cost  of  such  improvements  shall  be 
paid  in  the  first  place,  under  proper  resolutions  of  said  council,  out  of  the  gen- 
eral fund  of  said  city,  and  on  the  completion  of  said  improvement  the  com- 
missioner of  public  works  shall  certify  the  cost  thereof  to  the  board  of  pub- 
lic works,  and  an  assessment  for  such  cost  shall  be  made,  levied  and  collected 
in  the  same  manner  as  though  said  work  had  been  performed  by  contract  as 
hereinbefore  in  this  chapter  provided;  and  the  fwoceeds  of  such  assessment 
when  collected  shall  be  paid  into  the  general  fund  of  said  city,  out  of  which 
the   original   cost   thereof  was   in   the    first   instance   met. 

262.  Assessment — Warrant  for  Appeal  not  to  delay  collection  except 
as  to  .property  of  applicant. — Sec.  29.  When  any  special  assessment 
shall  have  been  confirmed  it  shall  be  the  duty  of  the  clerk  of  the  board  of 
ptiblic  works,  to  issue  a  warant  for  the  collection  thereof,  which  shall  be 
under  the  seal  of  said  board,  and  signed  by  the  mayor,  comptroller,  and  clerk 
of  said  board,  and  shall  contain  a  printed  or  written  copy  of  the  assessment 
roll  as  confirmed  as  aforesaid,  or  so  much  thereof  as  described,  the  real  estate 
and  the  amount  of  the  assessment  in  each  case.  In  case  of  any  appeal  as  pro- 
vided for  by  section  seventeen  (17)  of  this  title  said  appeal  shall  not  delay  or 
affect  the  collection  of  the  assessment  under  such  warrant,  except  as  to  the 
property  of  such  appellant  appropriated  aforesaid.  And  in  case  such  appeal 
shall  be  sustained,  and  the  assessment  in  relation  to  said  property  appropriat- 
ed of  said  appellant  shall  be  set  aside  by  the  court,  the  board  of  public  works 
shall  make  a  new  assessment  as  to  the  property  of  such  appellant  last  men- 
tioned, proceeding  de  novo  as  to  the  same,  in  accordance  with  the  provisions 
relating  to  improvements  referred  to  in  section  eight  (8)  of  this  title,  and  in 
case  the  amount  of  damages  or  recompense  which  said  board  of  public  works 
may  reward  such  appellant  upon  such  new  assessment  shall  exceed  the  first, 
the  board  of  public  works  shall  make  a  new  assessment  upon  the  property 
to  be  benefited  to  pay  the  difference  which  may  have  been  awarded  appellant, 
together   with    the   costs   and   expenses   of   such    new   assessment. 

263.  Delivery  of  warrants. — Sec.  ?>0.  All  warrants  issued  for  the  collec- 
tion fif  special  assessments  shall  be  delivered  by  the  comptroller  to  the  city 
treasurer,   within    fwc   davs   thereafter,  taking  his   receipt   therefor. 

264.  Notice  by  treasurer. — Sec.  lil.  Upon  the  receipt  of  any  warrant  for 
the  collection  of  any  special  assessment  the  city  treasurer  shall  forthwith  give 
Udlice  by  one  (1)  jjublication  in  the  official  newspaper  of  the  city,  that  such 
warrant  is  in  his  hands  for  collection,  briefly  describing  its  nature,  and  re- 
f|uesting  all  persons  interested  to  make  immediate  payment  at  his  office,  and 
that  in  default  thereof  the  same  will  be  collected  at  the  cost  and  expense  of 
the  persons  liable   fnr  the  payment  of  such  assessments. 

265.  Assessments  paramount  liens. ..Sec.  32.  All  assessments  levied  un- 
der the  i)r(ivisions  of  this  cliarter  shall  be  a  paramount  lien  on  the  real  estate 
on  which  the  same  may  be  imposed,  from  the  date  of  the  warrant  issued  for 
the  collection  thereof. 

-266^_Interes"t^on  uftpatd  assessments. — Sec.  h;{.     If  tlie  asies^TTrents-diarged 


66  CHARTER  OF  CITY  OF  ST.  PAUL. 

in  any  special  assessment  warrant,  whether  made  by  reason  of  the /appropria- 
tion or  condemnation  of  land,  or  for  any  other  improvement  whatsoever  un- 
der the  provisions  of  this  title,  shall  not  be  paid  within  thirty  (30()  days  after 
the  publication  of  notice  by  the  city  treasurer  that  he  has  received  such  war- 
rant for  collection,  except  in  case  it  is  on  a  collection  warrant  issued  on  or 
by  reason  of  a  reassessment,  or  a  new  assessment,  in  which  latter  case  the 
notice  that  such  warrant  is  in  the  treasurer's  hands  shall  require  payments  to 
be  made  withhi  ten  >ft)')  days  after  the  publication,  the  assessment  tllon  re- 
IniainTng  unpaid  shall  be  collected  with  interest  at  the  rate  of  twelve  (t:3J  per 
-cent  per  annum  thereatter  mitil  the  same  shall  be  paid.    >2<v_£X^ 

267.  Application  for  judgment  by  treasurer — Notice. — Sec.  34.  it-sii4dl_bfi 
tl>e-<iu-ty  ol-  the  city   treasurer,  inimcdialeiy  after  the   expiration  of  the  thirty 

-  ^*  "CS^lilays,  or  after  teiij^)  days  on  a  rcasiessment  or  a,  iiew  assessment -wru:- 

rauL^menYione^  in  .tTie  precedrn-gjfe'Pfion',^  to  report  to  the  district  court  of 
'iCf-  Ranrscy  county  ar-arry- general  or  .sp^ial  term  thereof,  all  assessment  war- 
^'  rants  for  the  collection  of  any  assessments  under  the  provisions  of  this  chap- 

ter which  have  been  delivered  to  him  and  then  and  there  ask  for  judgment 
against  the  several  lots  and  parcels  of  land  d,escribed  in  such  warrants  for 
the  amounts  of  assessment,,  interest  and  costs  respectively  due  thereon.  The 
city  treasurer  shall  previously  give  at  least  ten  (10)  days'  notice  by  one  (1) 
publication  in  the  official  paper  of  said  city  of  his  intended  application  for 
judgment,  which  notice  shall/  briefly  specify  the  respective  warrants  upon 
which  such  application  is  to  be  made  and  a  description  of  the  property  against 
wliich  judgment  is  desired,  and  require  all  persons  interested  to  attendat  said 
'   term. 

-  1  Said  treasurer  shall  also  give  five   (5)   days'  personal  notice  to  the  same 
^  effect  to  all  property  holders   interested  or  their  agents   resident   in   the   City 

of  St.  Paul.  Such  personal  notice  may  be  madeby  depositing  in  the  St.  Paul 
postoffice  a  postal  card  addressed  to  the  property  owners  to  be  assessed  or 
their  agents  resident  in  St.  Paul,  upon  which  card  shall  be  printed  or  written 
such  notice  of  application  for  judgment;  but  the  failure  to  give  such  notice 
snail  in  nowise  affect  the  validity  of  the  judgment  applied  for  or  any  of  the 
proceedings.  The  advertisement  so  published  shall  be  deemed  and  taken  to 
be  sufficient  and  legal  notice  of  the  aforesaid  and  intended  application  by 
the  city  treasurer  to  such  court  for  judgment,  and  shall  be  held  a  sufficient  de- 
mand and  refusal  to  pay  said  assessment. 

268.  Copy  of  notice  to  be  filed. — Sec.  35.  The  city  treasurer  shall  obtain 
a  copy  of  the  advertisement  or  advertisements  referred  to  in  the  preceding 
section,  together  with  an  affidavit  of  the  due  publication  thereof,  from  the 
printer  or  publisher  of  the  newspaper  in  which  the  same  was  published,  and 
shall  file  the  same  with  the  clerk  of  such  court,  at  the  said  term  with  said 
reports. 

269.  Each  report  a  separate  proceeding. — Sec.  36.  The  clerk  of  said 
court,  upon  the  filing  of  such  reports  of  the  city  treasurer,  shall  receive  and 
preserve  the  same  and  shall  annex  thereto,  or  file  therewith,  all  judgments, 
orders  and  other  procedings  of  said  court  in  relation  thereto.  Each  of  said 
reports  shall  constitute  a  separate  proceeding  or  suit,  and  shall  be  docketed 
by  the  clerk  of  said  court  in  a  suitable  record  book,  to  be  kept  by  him  for  that 
purpose,    substantially    in   the    following    form,    to-wit:     "City   of    St.    Paul    vs. 

certain  lots  of  land,  suit  for  assessment  on  warrant 

for ,"  or  in  such  other  manner  as  will  sufficiently  indicate  the  na- 
ture of  the  improvement  for  which  the  assessment  is  made,  in  which  said  rec- 
ord book  the  judgment,  when  rendered,  shall  also  be  docketed.  Provided, 
however,  that  the  court  may,  by  rule,  or  otherwise,  direct  how  and  in  what 
form  such  proceedings  and  judgments  may  be  entered  or  docketed,  and  what 
further  record,  if  any,  shall  be  made  thereof,  and  what  papers  shall  be  filed, 
and  how  kept  and  preserved. 

270.  Proceedings  in  court  shall  have  priority — Objections,  time  for  filing 
— Formal  defects — Rule  as  to  assessments  not  litigated. — Sec.  37.      It    shall  be 


LOCAL    LMPROVEMEXTS    AND    SPECL\L    ASSESSMENTS. 


67 


the  duty  of  the  court,  upon  the  filing  of  said  reports,  to  proceed  immediately 
to  the  hearing  of  the  same,  and  they  shall  have  priority  over  all  other  causes 
pending  in  said  court.  The  said  court  shall  prononuce  judgment  against  the 
several  lots  and  parcels  of  land  described  in  said  reports,  for  w^hich  no  objec- 
tion shall  be  filed,  for  the  amount  of  the  assessment,  interest,  damages  and 
costs  due  severally  thereon.  The  owner  of  any  property  described  in  said  re- 
ports, or  any  person  beneficially  interested  therein,  who  shall  feel  aggrieved 
by  such  assessment,  shall  file  in  said  court  his  objections,  in  writing,  to  the 
recovery  of  judgment  against  such  property,  and  shall  serve  a  copy  thereof 
upon  the  corporation  attorney,  at  least  five  (5)  days  prior  to  the  time  desig- 
nated in  the  city  treasurer's  notice,  that  he  will  apply  for  judgment  as  provided 
for  in  section  thirty-four  (34)  of  this  title.  No  objection  shall  be  interposed 
or  sustained  in  relation  to  any  of  the  proceedings  prior  to  the  confirmation' of 
the  assessment,  except  that  the  common  council  had  no  authority  to  order 
the  said  improvement,  or  that  the  board  of  public  works  had  no  authority 
to  have  the  said  work  performed;  and  no  objections  as  to  any  other  of  the 
proceedings  shall  be  sustained  on  any  mere  formal  irregularity  or  defect,  and 
the  city  treasurer  may  amend  by  leave  of  the  court  in  its  discretion  in  any 
matter  in  furtherance  of  justice.  The  court  shall  hear  and  determine  all  objec- 
tions in  a  summary  manner  without  pleadings,  and  shall  dispose  of  the  same 
with  as  little  delay  as  possible,  consistent  with  the  demands  of  public  jus- 
tice; but  should  justice  require  that  for  any  cause  the  suit  as  to  one  or  more 
owners  should  be  delayed,  judgment  shall  then  be  rendered  as  to  the  other 
property  and  lands,  and  process  shall  issue  for  the  sale  thereof,  the  same  as 
in  other  cases.  Upon  the  trial  in  the  district  court  of  an  appeal  from  a,ny 
as,!^essment  charged  in  any  special  assessment  warrant,  whether  made  by  rea- 
son of  the  appropriation  or  condemnation  of  land,  or  for  any  other  improve- 
ment whatsoever  under  the  provisions  of  this  title,  the  court  shall  give  to  the 
official  act  of  said  board  in  making  the  assessment  the  same  weight,  at  least, 
as  evidence,  as  it  would  and  should  give  to  testimony  of  an  equal  number  of 
disinterested  and  specially  qualified  expert  witnesses  upon  all  questions  con- 
sidered and  determined  by  the  board  in  making  such  assessment.  , 

271.  Judgments  in  default — Wlien  defense  is  interposed — Costs. — Sec.  ."58. 
In  all  cases  where  a  judgment  shall  be  rendered  in  default  against  the  prop- 
erty described  in  said  reports,  the  court  shall  thereupon  direct  the  clerk  of 
said  court  to  make  out  and  enter  an  order  for  the  sale  of  the  same,  whicli  said 
order  shall   be   substantially   in   the   following  form: 

Whereas,  due  notice  has  been  given  of  the  intended  application  for  a  judg- 
ment against  said  lands,  and  no  owner  hath  appeared  to  make  defense  or  show 
cause  why  jtidgment  should  not  be  entered  against  the  said  lands  and  other 
property  for  the  assessment,  damages,  interest  and  costs  due  and  unpaid  there- 
on; therefore,  it  is  considered  by  the  court  that  judgment  be  and  is  hereby 
entered  against  the  aforesaid  lots  and  parcels  of  land  in  favor  of  the  City 
of  St.  Paul,  for  the  sum  annexed  to  each  lot  or  parcel  of  land,  being  the 
amount  of  assessment,  interest,  damages  and  costs  due  severally  thereon,  and 
it  is  ordered  by  the  court  that  the  several  lots  and  parcels  of  land,  or  so  much 
thereof  as  shall  be  sufficient  of  each  of  them  to  satisfj'  the  amount  of  assess- 
ment, interest,  damages  and, costs,  annexed  to  them  severally,  be  sold  as  the 
law  directs. 

Tn  all  cases  where  a  defense  -shall  be  interposed  and  judgment  shall  be 
rendered  against  the  property,  a  similar  order,  adapted  to  the  circumstances 
of  the  case,  shall  be  made  and  entered  of  record.  Tliirty-five  (35)  cents  cost 
shall  be  laid  to  each  lot  or  parcel  against  which  judgment  is  rendered,  and  the 
further  sum  of  one  (l)  dollar  to  each  lot  or  parcel  for  advertising  the  notice 
of  sale.  Provided,  that  in  all  cases  where  a  defense  is  interposed  and  not 
sustained,  the  court  may  direct  by  special  order,  or  by  rule,  sucli  additional 
costs  to  be  included  in  the  judgment  as  may  be  deemed  proper. 

272.  Treasurer  to  sell  land — Process. — Sec.  39.  Tt  shall  be  the  duty  of 
the  clerk  of  sucli  court,  within  twenty  (20)  days  after  such  order  is  granted 
as   aforesaid,  to   make   out   under   the    i^eal   of   said  court    a   copy  of  so   nnieli    of 


6S     ,  CHARTER  OF  CITY  OF  ST.  PAUL. 

said  city  treasurer's  report  in  such  case  as  gives  a  description  of  the  h-\nd 
against  which  judgment  shall  have  been  rendered,  and  the  amount  ot  such 
judgment,  together  with  the  order  of  the  court  thereon,  which  shall  constitute 
the  process  on  which  all  lands,  lots,  pieces  and  parcels  of  land,  shall  be  sold 
for  the  amount  of  any  assessments,  interest,  damages  and  costs  so  levied,  as- 
sessed or  charged  upon  them;  and  the  said  city  treasurer  is  hereby  expressly 
authorized  and  empowered  to  make  sale  of  such  lands,  lot.s,  pieces  or  parcels 
of  land  or  other  property,  upon  ten  (10)  days'  notSce,  by  one  (1)  publication 
in  the  official  paper  of  said  city. 

273.  Advertisement  of  sale. — Sec.  40.  Tlie  said  advertisement  so  to  be 
pul)lished  in  each  case  of  a  judgment  upon  any  collection  warrant  and  report 
as  aforesaid,  shall  contain  a  list  of  the  delinquent  lots  and  parcels  of  land 
to  be  sold,  the  names  of  the  owners,  if  known,  the  amount  of  judgment  ren- 
dered thereon,  respectively,  and  the  warrant  upt)n  which  the  same  was  ren- 
dered, the  court  which  pronounced  the  judgment,  and  a  notice  that  the  same 
will  be  exposed  to  public  sale  at  a  time  and  place  to  be  named  in  said  adver- 
tisement by  said  city  treasurer.  The  omission  of  the  name  of  any  owner, 
or  any  mistake  respecting  the  same,  shall  not  invalidate  the  sale,  if  the  prop- 
erty be  otherwise  described  with  sufficient  certainty. 

Sec.  41.  In  all  proceedings  and  advertisements  for  the  collection  of  such 
assessments,  and  the  sale  of  lands  therefor,  letters  and  figures  may  be  used 
to  denote  lots,  parts  of  lots,  lands  and  blocks,  sections,  townships,  ranges  and 
parts  thereof,  the  year  and  the  amounts. 

274.  Certificates  of  sale— Redemption.— Sec.  42.  Certificates  of  sale  shall 
be  made  and  subscribed  by  the  city  treasurer,  under  the  seal  of  the  City  of 
ot.  Paul,  which  shall  be  delivered  to  the  purchaser,  and  which  certificates  of 
sale  shall  contain  the  name  of  the  purchaser,  a  description  of  the  premises 
sold,  the  amount  of  the  judgment  for  which  the  same  was  sold,  adding  inter- 
est at  the  rate  of  twelve  (12)  per  cent  per  annum,  from  the. day  when  judg- 
ment was  rendered  to  the  date  of  sale,  and  fifty  (50)  cents  cost  on  each  de- 
scription, for  such  other  expenses  as  may  be  incurred  by  the  city  in  selling 
the  property;  which  judgment,  interest  and  costs  shall  constitute  the  total 
amount  for  which  the  property  shall  be  sold,  which  amount  shall  also  appear 
in  the  certificate,  and  the  time  when  the  right  to  redeem  shall  expire.  Said 
certificates,  shall  bear  interest  at  the  rate  of  twelve  (12)  per  cent  per  annum 
until  paid. 

Said  certificates  shall  state  upon  their  face,  in  addition  to  what  is  now  re- 
quired by  law,  that  "This  certifi?ate  may  be  redeemed  in  five  (5)  annual  instal- 
ments, which  shall  become  due  and  payable  as  follows:  One-fifth  (1-5)  of  said 
certificate  at  the  end  of  each  one  of  the  successive  five  (5)  years  next  ensuing 
the  date  of  this  certificate,  together  with  interest  due  on  the  whole  auK^unt 
thereof,  unpaid  at  the  maturity  of  each  of  said  instalments;  provided  that 
said  certificate  may  be  redeemed  at  any  time  before  maturity  upon  the  pay- 
ment of  thirty  (iSO)  days'  interest  in  addition  to  the  interest  which  has  already 
accrued. 

275.  Payments  by  purchasers — City  a  purchaser,  when. — Sec.  4!!.  The 
persoTi  purclia>ing  any  lot  or  parcel  of  land  i^liall  forthwith  pay  to  the  treas- 
urer the  amount  of  the  judgment  due  thereon,  and  on  failure  so  to  do,  the 
said  property  shall  be  again  ofifered  for  sale,  in  the  same  manner  as  if  no 
such  sale  had  been  made,  and  in  no  case  shall  the  sale  be  closed  until  payment 
shall  have  been  made.  If  no  bid  shall  be  made  for  any  lot  or  parcel  of  land 
the  same  shall  be  struck  off  to  the  city,  and  thereupon  the  city  shall  receive, 
in  the  corporate  name,  a  certificate  of  the  sale  thereof,  and  shall  be  vested 
with  the  same  rights  as  other  purchasers  at  such  sales. 

276.  Treasurer's  record  of  sales. — Sec.  44.  The  city  treasurer  shall  enter 
and  extend  upon  the  certified  copy  of  judgment  and  order  of  sale  issued  to 
him  by  the  clerk  of  the  district  court,  the  interest,  cost  an'd  expenses  to  be 
charged  against  each  lot  or  description  as  provided  by  law,  the  amount  of 
sale,  to  whom   sold,  or  if  struck  off  to  the  city,  to   whom  transferred   after- 


LOCAL   liMPROVEMENTS   AND    SPFXTAL   ASSESSMENTS. 


69 


wards,  with  the  amount  of  transfer,  and  attach  thereto  a  copy  of  the  adver- 
tisement pertaining^  to  the  sale.  The  city  treasurer  shall  keep  this  record  on 
tile  in  his  office.     Certified  copies  thereof  may  be  furnished  when  desired. 

277.  Redemption,  how  made — Unredeemed  lands — Advertisement — State 
liens  paramount. — Sec.  45.  If  at  any  sale  any  piece  or  parcel  of  land  shall  be 
sold  to  a  purchaser  or  the  piece  or  parcel  be  struck  off  to  the  city,  the  same 
may  be  redeemed  at  any  time  within  five  (5)  years  from  the  date  of  the  sale 
by  any  person  having  any  interests  therein,  upon  the  payment  of  the  amount 
for  which  the  same  was  sold,  together  with  interest  thereon,  in  accordance 
with  the  provisions  of  section  forty-two  (42)  of  this  title,  and  upon  the  terms 
and  conditions  as  to  installments  therein  provided,  and  any  other  assessments 
which  may  be  made  under  or  by  virtue  of  this  title,  or  the  charter  of  the  City 
of  St.  Paul,  subsequent  to  the  sale,  with  the  interest  accruing  thereon,  at  the 
rate,  and  payable  in  accordance  with  the  provisions  of  section  thirty-three  (33) 
of  this  title.  Redemption  shall  be  made  by  the  payment  of  the  redemption 
money  to  the  city  treasurer,  and  upon  such  payment  the  city  treasurer  shall 
execute  to  said  redemptioner  a  certificate  of  satisfaction  of  said  assessment, 
judgment  and  lien,  upon  the  return  of  the  certificate  of  sale,  or  upon  proof  of 
its  loss,  and  the  filing  with  the  comptroller  of  an  affidavit  to  that  effect.  If 
the  property  shall  not  have  been  redeemed  according  to  law,  a  deed  shall  be 
executed  to  the  purchaser  or  his  assigns  under  the  corporate  seal  of  said 
city,  signed  by  the  mayor,*  comptroller  and  clerk  of  said  city,  conveying  to 
such  purchaser  or  assignee  the  premises  so  sold  and  unredeemed  as  aforesaid. 

The  city  treasurer  shall,  at  least  three  (3)  months  before  the  expiration 
of  the  time  for  redeeming  any  lot  or  parcel  of  land  aforesaid,  cause  to  be  pub- 
lished in  the  official  paper  of  said  city,  once  (1)  a  week  for  six  (6)  successive 
weeks,  a  list  of  all  unredeemed  lots  or  parcels  of  land  specifying  each  tract  or 
parcel,  the  name  of  the  person  to  whom  assessed,  if  to  any,  and  the  amount 
of  the  assessment,  charges  and  interest,  calculated  to  the  last  day  of  redemp- 
tion, due  on  each  lot  or  parcel,  together  with  notice  that  unless  such  lots  or 
paf.cels  of  land  be  redeemed  on  or  before  the  day  limited  therefor,  specifying 
the  same,  they  will  be  conveyed  to  the  purchaser.  Provided,  however,  that 
'before  the  holder  of  such  certificate  shall  be  entitled  to  a  deed  for  said  prop- 
erty he  shall  pay  into  the  city  treasury  the  cost  of  such  notice  of  the  expira- 
tion of  the  time  of  redemption.  A  memorandum  of  all  deeds  made  and  de- 
livered, shall  be  entered  by  the  comptroller  in  the  book  wherein  such  sales 
are  recorded,  and  a  fee  of  one  (l)  dollar  maj-^  be  charged  by  the  comptroller 
for  every  deed  so  issued. 

Provided,  that  nothing  in  this  title  contained  shall  be  construed  to  affect 
or  prejudice  the  lien  of  the  state,  for  all  taxes  which  have  been  or  may  be 
levied  upon  such  property  under  the  general  laws  of  the  state.  In  cases  of 
redemption  the  city  treasurer  shall  notify  the  person  holding  the  certificate  of 
sale  that  the  amount  of  such  certificate,  with  the  interest  thereon  so  paid, 
is  in  the  city  treasury  subject  to  his  disposal. 

278.  Certificate  assignable. — Sec.  4G.  Such  certificate  of  purchase  shall 
be  assignable  by  inddrsemcnt  and  an  assignment  thereof  shall  vest  in  the 
assignee  or  his  legal  representative  all  the  right  and  title  of  the  original  pur- 
chaser. 

279.  Sales  in  error.  Sec.  47.  Whenever  it  shall  appear  to  the  satis- 
faction of  the  comptroller,  before  the  execution  of  a  deed  for  any  property 
sold  for  assessments,  that  such  property  was  not  subject  to  assessment,  or 
that  the  assessment  had  been  paid  previous  to  the  sale,  he  shall,  with  the 
approval  of  the  common  council  of  said  city,  make  an  entry  opposite  to  such 
property  on  his  record  of  sales,  that  the  same  was  sold  in  error,  and  such 
entry  shall  be  prima  facie  evidence  of  the  fact  therein  stated.  Provided,  that 
where  the  sale  shall  have  been  made  to  any  purchaser  other  than  the  city 
the  common  council  of  said  city,  before  approving  of  such  entry,  shall  first 
cause  notice  to  be  given  by  mail,  or  in  such  manner  as  said  council  may  di- 
rect,  to  the  i)urchaser,  his  heirs,  assigns  or   legal    representatives,  of  the   said 


70  CHARTER  OF  CITY  OF  ST.  PAUL. 

proceeding,   and   provided,   further,    that    in    ca.se   such    entry   is    approved    the 
purcliase  money  shall  be  refunded  to  the  parties  entitled  thereto  with  interest. 

280.  Deeds  to  purchasers  prima  facie  evidence — How  set  aside — Recovery 
by  purchaser. — Sec.  48.  All  deeds  made  to  purchasers  of  lots  and  parcels  of 
land  si>ld  for  assessments,  or  the  record  thereof,  shall  in  all  cases  be  prima 
facie  evidence  that  all  requirements  of  the  law,  with  respect  to  the  sale,  have 
been  duly  complied  with,  and  of  title  in  the  grantee  therein,  after  the  time 
for  the  redemption  has  expired,  and  no  sale  shall  be  set  aside  or  held  invalid 
unless  the  party  objecting  to  the  same  shall  either  prove  that  the  court  ren- 
dering the  judgment,  pursuant  to  which  the  sale  was  made,  had  not  juris- 
diction to  render  the  judgment,  or  that  after  the  judgment  and  before  the  sale 
such  judgment  had  been  satisfied,  or  that  notice  of  sale  as  required  by  this 
act  was  not  given,  or  that  the  piece  or  parcel  of  land  was  not  offered  at  sale 
to  the  bidder  who  would  pay  the  amount  for  which  the  piece  or  parcel  was  to 
be  sold,  nor  unless  the  action  in  which  the  validity  of  the  sale  shall  be  called 
in  question,  be  brought,  or  the  defense  alleging  its  invalidity  be  interposed 
within  three  (3)  years  after  the  date  of  the  sale,  and  if  any  sale  shall  be  set 
aside  by  reason  of  any  defect  in  the  proceedings  subsequent  to  the  entry  of  the 
judgment,  the  court  so  setting  aside  the  sale  shall  have  power  in  such  case 
to  order  a  new  sale  to  be  made  as  nearly  as  may  be  in  accordance  with  the 
provisions  of  this  act.  That  in  any  action  heretofore  or  hereafter  commenced 
in  which  the  validity  of  a  deed  or  certificate  of  sale  issued  under  this  charter 
is  brought  into  question,  and  the  same  shall  be  set  aside  on  account  of  any 
irregularity  or  defect  invalidating  the  sale  pursuant  to  which  said  certificate 
or  deed  was  issued,  the  party  holding  such  deed  or  certificate  of  sale  shall 
recover  from  the  City  of  St.  Paul  the  amount  paid  by  the  purchaser  at  the  sale, 
or  by  the  assignee  of  the  city  on  taking  an  assignment  certificate,  with  interest 
at  the  rate  of  seven  (7)  per  cent  per  annum  from  the  date  of  such  payment. 
Such  amount  shall  be  paid  out  of  the  city  treasury  upcni  the  order  of  the  com- 
mon council  of  said  city.  Such  proceedings  shall  not  operate  as  a  payment  or 
cancellation  of  any  assessment  included  in  the  judgment,  but  the  same  shall 
stand  as  originally  assessed  against  the  property,  and  with  all  accruing  inter- 
est, penalties  and  costs.  All  deeds  referred  to  in  this  chapter  shall  be  admit- 
ted to  record  without  payment  of  taxes,  and  without  the  county  auditor's  cer- 
tificate that  the  changes  have  been  made. 

281.  Treasurer's  successor  shall  act. — Sec.  49.  Any  change  made  in  the 
incumbent  of  the  office  of  the  city  treasurer  during  the  pendency  of  any  such 
proceedings,  shall  not  operate  to  affect  or  delay  the  same,  but  the  successor 
or  successors  in  office  of  such  city  treasurer,  shall  be  authorized  to  do  all  acts 
necessary  to  complete  such  prbceedings.  the  same  as  if  his  predecessor  had 
continued  in  office.  In  case  of  a  vacancy  occurring  in  any  such  office,  the 
proeedings  shall  be  prosecuted  by  the  comptroller  until  such  vacancy  is  filled 
by  election  or  otherwise. 

282.  Sales  at  public  vendue, — Sec.  .50.  All  sales  of  property  for  the  non- 
payment of  assessments,  provided  for  in  this  title,  shall  be  made  in  the  day 
time  at  public  vendue,  in  the  City  of  St.  Paul,  at  the  time  and  place  stated 
in  the  notice  of  sale  prescribed  in  sections  thirty-nine  (39)  and  forty  (40)  of 
this  title,  and  may  be  adjourned  from  day  to  day  (Sunday  excepted)  until 
the  whole  is  completed. 

283.  Neglect  by  officials,  penalty. — Sec.  51.  .\ny  city  treasurer,  or  other 
officer,  who  shall  in  any  case  refuse  or  knowingly  neglect  to  perform  any  duty 
enjoined  upon  him  by  this  title,  or  who  shall  consent  to  or  connive  at  any 
evasion  of  its  provisions,  whereby  any  proceeding  required  bj'  this  title  shall 
be  prevented  or  hindered,  shall,  for  every  such  neglect  or  refusal  be  liable  to 
said  city  individually  and  upon  his  official  bond  for  double  the  amount  of  loss 
or  damage  caused  by  such  neglect  or  refusal,  to  be  recovered  in  an  action  in 
any  court  having  jurisdiction  of  the  amount  thereof. 

284.  Errors  or  omissions  not  affecting  substantial  justice  of  assessment 
shall  not  vitiate. — Sec.   .52.     X(5  error  or  omission    wliicli   mav  have  heretofore 


LOCAL    LMPRDVKAILXTS    WD    SPKCI  \L    ASSESSMK  \"T^^        71 

been  or  may  hereafter  be  made  in  the  order  or  in  the  proceedings  of  the  com- 
mon council  or  board  of  public  works,  or  ftny  of  the  officers  of  said  city,  in 
referring,  reporting  upon,  ordering  or  otherwise  acting  concerning  any  local 
improvement  provided  for  in  this  chapter,  or  in  making  any  assessment  there- 
for, or  in  levying  or  collecting  such  assessment,  not  afifecting  the  substantial 
justice  of  the  assessment  itself,  shall  vitiate  or  in  any  way  affect  such  assess- 
ment. The  reports  of  the  city  treasurer  and  assessment  warrants  held  by  him, 
referred  to  in  section  thirty-four  (?A)  of  this  title,  shall  be  prima  facie  evi- 
dence that  the  proceedings  up  to  the  date  of  such  warrants  were  valid  and 
regular,  and  the  certificate  of  sale  issued  as  provided  for  in  this  title  shall 
be  prima  facie  evidence  of  the  validity  and  regularity  of  all  ]ir<u-eedin<^s  uj)  to 
the  date  of  such  ccrtiticate. 

285.  All  assessments  must  be  paid  before  deed  issues — Lien  on  premises. — 

Sec.  5;!.  No  purchaser  of  lands  or  lots,  or  other  property  sold  for  assess- 
ments, or  his  heirs  or  assigns,  shall  be  entitled  to  a  deed  until  he  or  they 
shall  have  paid  all  assessments  made  thereon,  prior  or  subsequent  to  the  as- 
sessments, under  which  such  purchase  was  made.  The  amount  of  all  such 
prior  or  subsequent  assessments,  so  paid  by  any  such  purchaser,  his  heirs 
or  assigns,  and  all  moneys  paid  by  such  purchaser,  his  heirs  or  assigns,  to  re- 
deem the  premises  from  any  sale  for  any  such  assessment,  shall  be  a  lien 
on  the  premises  in  his  favor,  and  the  amount  thereof  with  interest  at  twelve 
(12)  per  cent  per  annum  from  the  time  of  such  payment  or  redemption  shall 
be  refunded  to  such  purchaser,  or  be  paid  to  the  treasurer,  of  said  city,  for 
the  use  of  such  purchaser,  his  heirs  or  assigns,  by  the  owner  or  person  entitled 
to  redeem  before  any  redemption  shall  be  made,  except  as  provided  in  the 
section  next  following. 

286.  Real  estate  struck  off  to  city. — May  be  sold. — Sec.  34.  After  any  real 
estate'  shall  have  been  bid  in  or  struck  off  to  the  city,  said  city  may  enter  upon 
such  real  estate  and  take  possession  thereof,  and  by  its  treasurer  sell  the  same 
for  the  amount  due  on  such  special  assessment,  interest,  penalty  and  costs, 
and  a  deed  of  the  property  so  sold  shall  be  executed  in  the  same  manner 
and  by  the  same  officers  as  privided  in  section  forty-five  (45)  of  this  title. 
Provided,  howver,  that  if  any  lot  or  parcel  of  land  so  struck  off  to  said  city 
shall  be  again  sold  for  like  assessments,  while  the  said  city  holds  its  title  as 
purchaser  aforesaid,  the  same  shall  not  be  sold  to  any  purchaser  except  said 
city  for  less  than  the  amount  actually  remaining  unpaid  on  the  preceding  as- 
sessment, as  well  as  such  subsequent  assessment,  with  interest  aforesaid  at  the 
rate  of  twelve  (12)  per  cent  per  annum. 

287.  Interest  on  judgments. — S'cc.  55.  .\11  judgments  rendered  under  this 
title  upon  said  assessments  shall  bear  interest  at  tlie  rate  n[  twelve  (12)  per 
cent  per  annum  from  the  date  thereof  until  paid. 

288.  Treasurer  may  assign  certificates  of  sale. — Sec.  56.  The  city  treas- 
urer of  said  city  may,  at  any  time  before  or  after  the  time  of  redemption  has 
expired,  assign  any  certificate  of  sale  of  property  so  bid  in  by  the  city  as 
aforesaid  to  any  person,  by  endorsement  thereon,  after  payment  by  such  per- 
son into  the  city  treasury  of  the  amount  at  which  the  same  was  so  bid  in, 
together  with  the  amount  of  any  prior  assessment,  with  interest  thereon  at 
the  rate  of  twelve  (12)  per  cent  per  annum,  and  costs,  and  such  assignee  shall 
have  the  same  right  and  title  thereunder  as  if  he  had  purchased  the  same  orig- 
inally at  the  sale,  and  shall  be  entitled  to  a  deed  as  in  other  cases.  Provided, 
that  after  the  expiration  of  the  time  of  redemption  of  any  certificate  of  sale  of 
property,  if  the  same  shall  remain  unredeemed,  the  mayor,  comptroller  and 
city  treasurer,  or  a  majority  thereof,  may  authorize  the  city  treasurer  to  sell, 
assign  and  transfer  the  interest  of  the  city  in  and  to  any  such  certificate  for 
such  sum  or  i)rice  as  to  them  may  appear  for  the  best  interest  of  the  city. 

289.  Reassessments,  when  and  how  made. — Sec.  57.  In  all  cases  where 
application  shall  hereafter  be  made  for  a  judgment  or  judgments,  pursuant  to 
this  charter,  and   judgment   is   refused   or   denied   by   this  court,  or  the  assess- 


72  CHARTER  OF  CITY  OF  ST.  TAUL. 

ment,  or  any  part  thereof,  as  to  any  lot,  lots  or  parcels  of  land  assessed 
under  any  of  the  provisions  of  this  charter,  for  any  cause  whatever,  may  be 
hereafter  set  aside  or  declared  void  by  any  court  the  board  of  public  works 
shall,  upon  notice  thereof  by  the  city  treasurer,  proceed  without  unnecessary 
delay  to  make  a  reassessment  or  new  assessment  upon  all  lots,  blocks  and 
parcels  of  land  which  have  been  or  will  be  benefited  by  such  improvement 
to  the  extent  of  their  proportionate  part  of  the  costs  and  expenses  thereof  as 
ne'arly  as  the  same  can  be  ascertained  by  the  board  of  public  works,  and  such 
reassessment  or  new  assessment  shall  be  made  by  the  board  of  public  works 
as  nearly  as  may  be  in  accordance  with  the  law  in  force  at  the  time  such 
reassessment  is  made;  and  when  the  same  shall  have  been  made  and  con- 
firmed by  said  board,  it  shall  be  enforced  and  collected  in  the  same  manner 
that  other  assessments  are  enforced  and  collected  under  this  charter.  The  fact 
that  the  contract  has  been  let,  or  that  such  improvement  shall  have  been  in 
whole  or  in  part  completed,  shall  not  prevent  such  new  assessment  from 
being  made,  nor  shall  the  ommission  of  said  board  before  the  first  assessment 
to  furnish  the  council  with  a  report  that  in  their  opinion  property  can  be 
found  benefited  to  the  extent  of  the  damages,  costs  and  expenses  necessary 
to  be  incurred  thereby,  or  the  omission  of  said  board  to  furnish  said  council 
with  a  plan,  section  or  profile  of  said  improvement,  constitute  any  objection 
to  such  reassessment  or  new  assessment,  or  in  any  way  prevent  the  board 
of  public  works  from  making  such  reassessment  or  new  assessment,  and  no 
new  order  from  the  common  council  shall  be  necessary  in  any  case  whatso- 
ever to  authorize  the  board  of  public  works  to  make  a  reassessment  or  a 
new  assessment.  And  in  all  cases  where  judgment  has  been  heretofore,  or 
shall  be  hereafter  refused  or  denied  by  any  court,  or  where  any  court  has  here- 
tofore or  hereafter  shall  set  aside  or  declare  void  any  assessment  upon  any 
lot  or  parcel  of  land,  for  any  cause,  the  said  lots  or  parcels  of  land  may  be 
reassessed  or  newly  assessed,  from  time  to  time,  until  each  separate  lot,  piece 
or  parcel  of  land  has  paid  its  proportionate  part  of  the  costs  and  expenses  of 
said  improvements,  as  nearly  as  may  be,  to  the  benefits  derived,  or  to  be 
derived,  from  such  improvement.  In  case  the  amount  of  such  reassessment 
shall  be  less  than  the  first  assessment  upon  the  lots  and  parcels  of  land  re- 
assessed, the  deficit  shall  be  paid  out  of  the  general  fund. 

290.  Inadequate  assessments,  how  remedied — Refundments  of  over-assess- 
ments.— Sec.  5S.  If  in  anj-  case  the  first  assessments  to  pay  for  any  local  im- 
provement which  has  heretofore  been  or  shall  hereafter  be  ordered  by  the 
common  council,  either  before  or  after  such  improvement  is  completed,  shall 
prove  insufficient  to  fully  pay  for  the  same,  whether  said  work  was  done  be- 
fore the  passage  of  this  charter,  or  otherwise,  the  board  of  public  works  shall, 
upon  notice  thereof  from  the  city  treasurer,  and  without  a  further  or  new 
order  from  the  common  council,  proceed  without  unnecessary  delay  to  assess 
and  reassess  the  same  upon  the  property  benefited,  or  which  will  be  bene- 
fited, until  a  sufficient  amount  is  realized  to  pay  for  the  same.  If  too  large  an 
amount  shall  at  any  time  be  raised,  the  excess  shall  be  refunded  ratably  to 
those  by  whom  it  was  paid,  if  the  council  shall  so  order,  it  being  the  true  in- 
tent and  meaning  of  this  act  to  assess  and  reassess  upon  the  real  estate  bene- 
fited to  the  extent  of  such  benefits,  for  any  deficiency  over  and  above  the  first 
assessment  which  said  improvement  maj'  cost,  whether  said  improverhent  has 
heretofore  been  made,  or  may  hereafter  be  made  under  the  provisions  of  this 
charter,  and  no  error,  or  omission,  or  irregularity,  whether  jurisdictional  or 
otherwise,  shall  prevent  a  reassessment  to  the  extent  ijf  the  benefits  conferred 
by  such  improvement. 

291.  Errors  subsequent  to  confirmation  of  assessment,  how  remedied. — 

Sec.  59.  In  all  cases  where  the  treasurer  shall  be  unable  to  enforce  the  col- 
lection of  any  special  assessment,  by  reason  of  irregularity  or  omission  in 
any  proceeding  subsequent  to  the  confirmation  of  such  assessment,  the  said 
board  shall  be  authirized  and  empowered  to  cause  a  new  warrant  to  issue  to 
the  treasurer  for  the  collection  of  any  as'^cssment  which,  by  reason  of  such 
irregularity  or  omission,  remains  unpaid  or  not  collected.     The  treasurer  shall 


LOCAL   IMPROVEMENTS   AND    SPECLVL   ASSESSMENTS.       7:) 

proceed  under  such  new  warrants  to  enforce  and  collect  the  assessments 
therein  specified  in  the  same  manner,  as  nearly  as  may  be,  as  is  prescribed  by 
the  provisions  of  this  chapter  for  the  enforcement  and  collection  of  special 
assessments,  after  the  same  shall  have  been  confirmed,  as  inthis  chapter  pro- 
vided; and  as  often  as  any  failure  shall  occur,  by  reason  of  such  irregularities 
or  omissions,  a  new  warrant  may  issue  and  new  proceedings  be  had  in  like 
manner,  until  such  special  assessments  shall  be  fully  collected  as  to  each 
and  every  tract  and  parcel  of  land  charged  therewith. 

292.  Contracts   shall   be    relet,   when. — Sec.    60.     In    all    cases    where    the 

work  for  any  improvement  contemplated  by  the  provisions  of  this  chapter 
shall  be  suspended  before  final  completion,  by  the  failure  of  the  contractor  to 
perform  the  same  or  for  any  other  cause,  the  common  council  may  order  said 
board  to  relet  the  unfinished  portion  of  such  work  in  the  same  manner,  as 
nearly  as  may  be,  as  provided  in  this  chapter  for  the  letting  of  contracts 
for  public  improvements,  and  in  every  case  of  such  new  contract  the  work 
shall  be  paid  for  in  the  same  manner  as  contracts  for  other  like  improvements. 

293.  Public    improvements    upon    private    property. — Sec.    61.     Property 

owners  may  be  allowed  to  construct  streets  and  other  public  improvements' 
upon  or  through  their  own  property,  at  their  own  expense,  in  such  cases  and 
upon  such  terms,  and  under  such  regulations  as  the  common  council  may 
prescribe  from  time  to  tiine  by  ordinance. 

294.  Unforseen  obstacles  to  improvements. — Sec.  62.  If  the  board  of  pub- 
lic works  or  the  ci;inimon  council,  in  carrying  out  the  provisions  of  this  chap- 
ter, should  find  unforseen  obstacles  in  grading,  excavating,  filling,  paving,  or 
in  any  case  of  improving  or  opening  or  widening  streets,  levees,  alleys  or 
public  highways,  or  sewers,  not  provided  for,  the  common  council  may  by 
resolution  order  such  change  or  modification  in  such  improvement  to  meet 
such  unforseen  obstacles  as  the  said  council  may  deem  equitable  and  just, 
upon  the  recommendation  of  the  board  of  public  works,  or  on  their  own  mo- 
tion, either  before  or  after  the  confirmation  of  any  assessment,  or  before  or 
after  the  letting  or  making  of  any  contract  to  do  the  same,  or  at  any  time 
while  the  work  is  in  progress,  by  a  two-thirds  (2-3)  vote  of  the  common 
council  elect;  and  any  additional  expense  occasioned  by  such  change  or  mod- 
ification of  the  improvement  may  be  included  in  the  original  assessment  or 
raised  by  an  additional  assessment  upon  the  prnpertj^  benefited  by  such  im- 
provement, to  the  extent  of  such  benefits. 

Provided,  however,  that  no  such  work  shall  be  done  until  ordered  by 
the  common  council  by  a  two-thirds   (2-3)  vote  of  the  members  elect. 

Provided,  further,  that  in  all  contracts  the  case  of  such  unforseen  ob- 
stacles shall  be  anticipated  as  far  as  possible  by  the  board  of  public  works 
causing  a  schedule  to  be  made,  classifying  the  various  kinds  of  work  and 
material  in  fixing  the  price  to  be  paid  by  the  city  for  such  work  or  material 
as  may  become  necessary  but  cannot  be  forseen;  but  said  schedule  shall  be 
approved  by  the  board  of  public  works,  and  a  copy  thereof  shall  be  signed 
by  the  bidder  and  attached  to  his  bid,  and  the  same  shall  be  ^attached  to  and 
made  a  part  of  the  contract;  but  no  additional  expense  shall  be  incurred 
other  than  may  be  absolutely  necessary  to  overcome  such  unforseen  obstacles. 
The  said  board  of  public  works  shall  have  power  to  correct  any  error,  omis- 
sion or  mistake  in  an  assessment,  either  before  or  after  the  confirmation,  up 
to  the  time  judgment  may  be  obtained  thereon,  either  as  to  the  amount,  or 
owner,  or  description,  so  as  to  conform  to  the  facts  and  rights  of  the  case 
as  intended;  and  if  by  reastm  of  such  error,  omission  or  mistake,  the  assess- 
ment shall  be  reduced  below  the  amount  of  money  required  to  pay  the  costs 
and  expenses  of  said  improvement,  the  board  of  public  works  shall  make  a 
new  assessment  upon  the  property  benefited  to  make  up  the  deficiency,  to- 
gether with  the  cost  and  expenses  of  such  new  assessment.  Provided,  fur- 
ther, that  five  (5)  days'  notice  of  the  time  and  place  of  making  such  correc- 
tion shall  be  given  by  one  (1)  publication  in  the  official  newspaper  of  the  city, 
unless   the    owner   of   the   real    estate   aflFccted   be    present    or   consent    thereto. 


74  CHARTER  '»|-  n  ^^■  Ol"  ST.  PAUL. 

Said  correction  shall  be  entered  of  reccn'd  and  a  copy  thereof  tiled  with  the 
city  treasurer.  Provided,  further,  that  if  the  expense  required  to  overcome 
such  unforseen  obstacles  will  materially  increase  the  cost  which  would  be 
incurred  in  the  work  if  such  unforseen  obstacles  had  not  occurred,  then  the 
common  council  shall  have  power  by  a  two-thirds  (2-3)  vote  of  the  members 
elect  to  rescind  the  contract  so  far  as  the  uncompleted  part  of  the  work  is 
concerned,  and  may,  in  their  discretion,  by  a  two-thirds  (2-3)  vote  of  the 
members  elect,  after  such  rescission,  order  the  work  to  be  relet  as  other  work 
is  let  under  this  chapter,  and  the  original  contractor  in  such  case  shall  be 
entitled  to  be  paid  for  the  portion  of  the  work  done  by  him,  ratably,  acora- 
ing  to  the  CMntrarl  ])rice,  as  nearly  as  tlie  same  can  be  ascertained,  and  no 
more. 

295.  Proofs  of  publication  shall  be  evidence  in  court. — Sec.  iV.',.  When 
any  notice  is  required  t.»  be  published  in  any  newspaper,  under  this  chapter, 
an  afiidavit  of  the  publisher  ur  printer  of  such  newspaper,  or  of  the  foreman 
or  clerk  of  such  publisher  or  printer,  annexed  to  a  printed  copy  of  such  no- 
tice, taken  from  the  paper  in  which  it  was  published,  and  specifying  the  time 
when  and  the  paper  in  which  such  notice  was  published  shall  be  evidence  in 
all  cases  and  in  every  court  of  judicial  proceeding  of  the  facts  contained  in 
such  affidavit. 

296.  Irregular   or   defective   assessments,     cured    by    new  assessments. — 

Sec.  64.  If  for  any  cause  the  proceedings  of  the  common  council  or  board 
of  public  works  or  any  of  its  officers  may  be  found  irregular  or  defective, 
whether  jurisdictional  or  otherwise,  the  common  council  may  order  a  new  as- 
sessment from  time  to -lime,  and  as  often  as  needs  be,  until  a  sufficient  sum 
is  realized  from  the  real  estate  benefited  by  such  improvement  to  pay  all 
the  costs,  damages  and  expenses  incurred  thereby. 

297.  Judgments  may  be  opened,  when — Notice. — Sec. 65.  After  judg- 
ment shall  be  ordered  to  be  entered  against  any  lot  or  real  estate  for  the 
non-payment  of  assessments,  the  same  shall  not  be  opened  or  set  aside  ex- 
cept for  mistakes  made  by  the  board  of  public  works  in  making  and  confirm- 
ing the  assessment,  or  by  the  court  in  ordering  judgment  to  be  entered,  or  in 
entering  the  judgment  after  the  same  shall  have  been  ordered,  and  in  such 
case,  the  judgment  shall  be  opened  only  on  application  made  by  the  city 
treasurer  of  the  City  of  St.  Paul.  Ten  (10)  days'  notice  by  one  (1)  publica- 
tion in  the  official  paper  of  said  city,  describing  the  improvement  for  which 
the  assessment  is  made,  and  the  mis'take  for  which  it  is  desired  such  judg- 
ment shall  be  opened,  and  stating  the  time  when  such  application  will  be 
heard,  shall  be  first  given,  and  such  notice  shall  be  deemed  sufficient  notice 
to  all  persons  interested  in  such  application.  If  upon  such  application  it 
shall  be  found  that  any  mistake  has  been  made  materially  affecting  the  rights 
of  the  parties,  it  shall  be  the  duty  of  the  court  to  open  such  judgment  and 
order  the  mistake  corrected  so  as  to  conform  to  the  facts. 

298.  Rules  for  estimating  benefits. — Sec.  66.  Tt  shall  be  the  duty  of  the 
board  of  public  .works,  in  estimating  the  benefits  to  any  particular  lot,  piece 
or  parcel  of  land,  to  take  into  consideration  the  nature  of  the  owner's  in- 
terest therein,  the  form  and  position  of  their  several  parcels  ni  land,  the 
qualified  rights  of  the  owner  in  reference  to  its  employments,  and  any  other 
circumstances  which  render  the  proposed  improvement  more  or  less  bene- 
ficial to  him  or  them,  and  the  determination  and  assessment  or  estimate  of 
benefits  of  said  board  shall  be  final,  except  where  an  appeal  is  expressly  al- 
lowed under  the  provisions  of  this  charter. 

299.  Delay  by  contractors. — Sec.  67.  If  in  the  opinion  of  tlie  board 
of  public  works  any  work  under  any  contract  does  not  proceed  each  month 
so  as  to  insure  its  completion  within  the  time  named  in  the  contract,  the  said 
board  shall  have  power,  when  authorized  by  resolution  of  the  common  coun- 
cil, to  furnish  and  use  men  and  materials  to  complete  the  work,  and  charge 
the   expense  thereof  to  the   contractor,  and   the   same   shall   be   deducted   from 


LOCAL    IMPROVEMEXTS    AXD    SPECLAL    ASSESSMENTS.        ::> 

any  moneys  due  him  or  to  become  due  such  contractor,  or  may  be  collected 
from  him  in  a  suit  by  said  city. 

300.  Deeds  of  record  must  have  treasurers'  certificate  that  assessments 
are  paid. — Sec.  GS.  The  register  uf  deeds  shall  not  record  any  deed  from  a 
private  person  or  private  corporation  unless  there  be  endorsed  on  such  deed 
a  certil'icate  of  the  city  treasurer  that  all  assessments  for  local  improvements 
have  been  paid,  and  any  violation  of  this  provision  by  the  register  of  deeds 
shall  be  a  misdemeanor  and  be  punished  by  a  fine  not  exceeding  double  the 
amount  of  the  unpaid  assessment.  It  shall  be  the  duty  of  the  city  treasurer, 
upon  the  application  of  any  person  interested  in  such  deed,  where  the  assess- 
ment has  been  paid,  and  not  otherwise,  to  make  such  certificate  free  of 
charge,  but  the  said  city  treasurer  shall  not  certify  that  said  assessment  has 
been  paid  in  any  case  where  the  property  has  been  purchased  by  the  said 
city  at  the  sale  provided  for  in  this  title,  and  the  time  for  redemption  has  not 
expired,  and  the  city  still  holds  the  certificate  of  sale. 

301.  Forms  of  orders, — Sec.  6.9.  The  following  forms  of  orders  shall  be 
deemed  sufficient: 

FORM   NUMBER  ONE. 

It  is  hereby  ordered  by  the  common  council  of  the  City  of  S't.  Paul: 

That  the  matter  of ■ be  and  the  same  is  hereby  referred  to 

the  board  of  public  works  to  investigate  and  report: 

First — Is   this   improvement  proper  and  necessary.^ 

Second — Give  the  council  an  estimate  of  the  expen.se  thereof  and  state 
whether  one-half  of  the  cost  thereof  is  to  be  paid  into  the  cit^^  treasury  be- 
fore the  contract  is  let. 

Third — Can  real  estate  to  be  assessed  for  said  improvement  be  found 
benefited  to  the  extent  of  the  damages,  costs  and  expenses  necessary  to  be 
incurred  thereby? 

Fourth — Is  such  improvement  asked  for  upon  the  petition  or  application 
of  the  owners  of  a  majority  of  the  property  to  be  assessed  for  such  improve- 
ment? 

Fifth — Send  the  council  a  plan  or  profile  of  said  improvement,  as  required 
by  law,  if  you  report  in  favor  of  same. 

Sixth — Send  the   council   a  proper  order  directing  the  work  to  be  done. 

FORM  NUMBER  TWO. 

It  is  hereby  ordered  by  the  common  council  of  the  City  of  St.  Paul: 
That  the  board  of  public  works  of  said  City  of  St.   Paul  cause  the  follow- 
ing improvements  to  be  made,  -to-wit: .     That  said  board  shall 

cause  said  work  to  be  let  by  contract  as  provided  by  law.  When  one-half 
(y?.)  of  the  estimated  cost  is  paid  into  the  city  treasury  (if  this  is  required), 
and  after  said  work  shall  be  placed  under  contract,  said  board  shall  proceed 
without  delay  to  assess  the  amount  as  nearly  as  they  can  ascertain  the  same 
which  will  be  required  to  pay  the  damages,  cost  and  necessary  expenses  of 
such  improvement,  upon  the  real  estate  to  be  benefited  by  said  improvement, 
as  provided  by  law,  it  being  the  opinion  of  the  common  council  that  the 
real  estate  to  be  assessed  for  such  improvement  can  be  found  benefited  to  the 
extent  of  the  damages,  costs  and  expenses  necessary  to  be  incurred  therebjf. 

FORM  NUMBER  THREE. 

It  is  hereby  ordered  by  the  coninmn  council  of  the  City  of  St.  Paul: 
That  whereas,  the  common  council  is  officially  advised  that  upon  the  ap- 
plication of  the  city  treasurer  to  the of  Ramsey  county,  Min- 
nesota, for  judgment  against  the  following  lots  blocks  and  parcels  of  land 
heretofore  assessed  by  the  board  of  public  works  for judg- 
ment was  denied  by  said  court  to-wit 

Wherefore  the  board  of  public  works  of  the  City  of  St.  Paul  are  hereby 
ordered  to  reassess  the  aforesaid  lots  and  parcels  of  land  for  their  proportion- 


76  CHARTER  OF  CITY  OF  ST.  PAUL. 

ate  part  of  the  cost  and  expense  of  such  improvement  not  exceeding  the 
benefits  accruing  to  such  lot  block  or  parcel  of  land  from  such  improvement, 
and  proceed  therein  in  the  mode  and  manner  prescribed  by  law,  it  having 
been  made  to  appear  to  the  council,  and  it  being  the  opinion  of  said  council, 
that  said  lots  and  parcels  of  land  have  1)cl-ii  benefited  by  such  improvement. 

302.  Buildings  on  lands  taken  for  streets  or  alleys. — Sec.  70.  In  the  as- 
sessment of  damages  and  benefits  for  the  opening  of  any  street  or  alley,  it 
shall  be  lawful  for  the  board  of  public  works,  in  their  discretion,  in  making 
such  assessments,  should  there  be  any  building  in  whole  or  in  part  upon  the 
land  to  be  taken,  as  aforesaid,  to  consider  the  propriety  of  letting  said  build- 
ing remain  upon  such  land  taken  as  aforesaid,  for  such  time  after  condem 
nation  as  they  may  deem  for  the  best  interest  of  the  city,  and  if  they  shall 
determine  to  let  the  building  remain  on  said  land  for  any  given  period,  then 
they  shall  determine  the  value  of  the  use  of  said  land  to  the  owner  of  said 
building  for  the  time  said  building  may  be  permitted  to  remain,  which  sum 
when  ascertained,  shall  be  deducted  from  the  damages  awarded  for  said  build- 
ing. 

303.  Semi  annual  inspection  of  street  lamps— New  lamps,  how  ordered. — 

Sec.  71.  It  shall  be  the  duty  of  the  board  of  public  works,  or  some  member 
thereof,  in  the  months  of  May  and  October  each  year,  to  visit  each  oil  stre.et 
lamp  and  each  gas  street  lamp  and  each  electric  light  lamp  for  the  support  of 
which  the  city  is  paying,  and  to  carefully  note  and  make  a  record  of  the  ne- 
cessity or  lack  of  necessity  for  the  existence  of  the  same;  and  said  board, 
within  ten  (10)  days  next  after  said  May,  and  also  next  after  said  October, 
shall  report  to  the  common  council  a  list  of  said  lamps  and  the  location  of 
the-  same,  which,  in  the  opinion  of  said  board,  the  public  interests  and  the 
economical  management  of  said  city  are  not  necessary,  and  can  be  dispensed 
with;  and  also  a  list  of  said  lamps  and  the  location  of  each  of  the  same  which 
in  its  opinion  are  necessary  and  the  public  interest  require  should  be  sus- 
tained; and  upon  the  receipt  of  this  report  it  shall  be  the  duty  of  said  city 
council  to  forthwith,  by  resolution  or  ordinance,  direct  that  the  further  use  of 
said  lamps  and  the  lighting  of  the  same  which  are  reported  necessary  shall 
be  sustained,  and  those  which  are  not  necessary  shall  be  dispensed  with;  and 
m  case  said  common  council  shall  neglect  to  pass  such  resolution  or  ordi- 
nance, then  all  claim,  right  or  demand  against  the  city  on  the  part  of  any 
person,  company  or  corporation  for  the  keeping  of  said  lamps  in  said  list 
lighted  and  in  service  shall  cease,  become  void  and  determine.  Said  board 
shall  make  said  list  or  report  in  duplicate  and  retain  one  copy  thereof  in  its 
office  as  one  of  its  records.  Hereafter  no  new  gas  or  oil  or  electric  light  shall 
be  placed  as  ordered  by  the  common  council  until  the 'necessity  for  the  same 
has  been  referred  to  the  board  of  ppublic  works  and  said  board,  by  a  three- 
fourths    (?4)   vote,  has   reported  that   the   same   is   necessary. 

304.  Weekly  reports  by  commissioner  of  public  works — Eight-hour  day — 
Residence. — Sec.  72.  The  commissioner  of  public  works  shall  cause  to  be 
prepared  each  week  a  schedule  containing  the  name  of  each  man  and  the 
owner  of  each  team  employed  by  him  during  the  week  next  preceding  said 
report,  and  the  wages  to  be  paid  for  vnch  man  and  each  team,  and  each  day 
the  nature  and  location  of  the  work  on  which  said  men  and  teams  are  or  are 
to  be  engaged;  and  said  schedule  shall  be  filed  by  said  commissioner  in  his 
ofiice  and  be  open  for  inspection  at  any  time  during  business  hours  by  any 
tax-payer,  and  eight  hours  shall  constitute  a  day's  work  for  each  man  and 
team,  and  the  common  council  shall  have  authority  to  fix  the  compensation 
therefor,  and  no  such  man  or  teams  shall  be  employed  unless  said  men  and 
the  owners  of  such  teams  shall  have  resided  in  the  City  of  St.  Paul  for  a 
period  of  not  less  than  four  months  prior  to  the  date  of  said  employment. 
No  supplies  shall  be  purchased  by  the  department  of  the  commissioner  of 
public  works  (wliich  includes  the  street  and  sewer  force)  of  said  city  until 
a  requisition  in  writing  has  been  obtained  therefor  from  such  commissioner: 
and  the  common  council  in  disbursing  the  funds  of  said  city  shall  sec  to  it 
that  the  provisions  of  this  section   are  strictly  observed. 


LOCAL    IMPROVEMEN'TS    AND    SPECL\L   ASSESSMENTS.       77 

305.  Plats  of  condemned  lands  to  be  filed. — Sec.  73.     It  is  hereby  made 

the  duty  of  the  board  of  public  works,  as  soon  as  any  assessment  is  conlirmed 
in  any  proceeding  for  condemning  any  land  by  said  city,  or  in  condemning 
any  slopes  by  said  city,  to  make  or  cause  to  be  made  a  certificate  setting 
forth  the  general  description  of  the  lands  condemned  andi  the  slopes  taken 
by  said  city  in  said  proceeding,  and  to  make  or  cause  to  be  made  an  accurate 
plat  showing  the  lands  and  slopes  taken  by  said  city  in  said  proceeding,  and 
the  president  of  said  board  and  the  clerk  of  said  board  shall  each  attach  to 
said  certificate  and  to  said  plat  his  official  signature,  and  the  seal  of  said 
board  shall  also  be  attached  to  said  certificate  and  to  said  plat,  and  it  shall 
be  the  duty  of  said  board,  and  before  a  warrant  is  issued  for  the  collection  of 
any  assessment  in  such  condemnation,  and  before  any  further  proceeding 
therein,  to  cause  said  certificate  to  be  recorded  in  the  office  of  the  register  of 
deeds  of  Ramsey  county,  and  to  cause  said  plat  to  be  filed  for  preservation 
in  the  office  of  said  register  of  deeds  of  Ramsey  county,  and  the  register  of 
deeds  of  Ramsey  county  shall  carefully  file  and  preserve  such  plat  in  a  book 
prepared  for  such  purpose,  and  in  recording  said  certificate  he  shall  make  a 
notation,  upon  the  record  thereof  showing  where  said  plat  can  be  found  in 
hisoffice.  and  said  register  of  deeds  shall  receive  from  the  treasury  of  said 
city,  for  said  service,  the  same  fees  as  in  other  like  cases  for  similar  services. 

306.  Acknowledgments. — Sec.  74.  The  certificates  issued  on  sales  for  lo- 
cal assessments  need  not  be  acknowledged. 

307.  Adverse  possession. — Sec.  75.  No  right,  title,  estate  or  easement  of 
the  City  of  St.  Paul  in  or  lu  any  property  shall  be  prejudiced  or  lost  bj'  an 
adverse  possession  or  occupany. 

308.  Stagnant  ponds,  how  abated, — Sec  76.  Whenever  the  commissioner 
of  health  shall  report  to  the  common  council  that  stagnant  or  impure  water 
stands  upon  any  lot,  lots  or  parcels  of  land,  thereby  creating  a  nuisance  in- 
jurious to  public  health,  the  common  council  may  refer  said  report  to  the 
board  of  public  works.  Upon  such  reference,  said  board  shall  then  proceed 
to  investigate  the  same,  and  if  they  shall  determine  that  a  nuisance  does 
exist,  by  reason  of  any  stagnant  or  impure  water  standing  upon  any  lot,  lots 
or  parcels  of  land,  and  the  same  is  injurious  to  public  health,  they  shall  report 
the  same  to  the  common  council,  accompanied  by  a  plan  for  the  abatement 
of  said  nuisance,  together  with  an  estimate  of  the  expense,  if  real  estate  to 
be  assessed  for  said  improvement  be  found  benefited  to  the  extent  of  dam- 
ages, costs  and  expenses  necessary  to  be  incurred  thereby,  and  also  send  to 
the  council  a  proper  order  directing  the  work  to  be  done.  And  after  the  com- 
mon council  shall  order  the  doing  of  said  work,  the  same  proceedings  shall 
be  had  in  relation  thereto  by  the  board  of  public  works  and  city  tracsurer  as 
in  case  of  other  local  improvements  as  provided  in  this  charter. 

309.  Assessments  must  be  completed. — Sec.  77.  It  is  hereby  made  the 
duty  of  the  board  of  public  works,  after  the  approval  by  the  common  council 
of  any  contract  let  by  the  board  of  public  works  for  any,  public  improve- 
ment for  which  an  assessment  is  to  be  made,  to  proceed  without  unnecessary 
delay  to  the  completion  and  confirmation  of  the  assessment  for  the  damages, 
costs  and  expenses  for  said  improvements. 

310.  Improvements  not  assessable. — Sec.  78.  When  the  cost  and  expense 
of  any  oi  the  following  improvements,  viz.;  A  change  of  grade,  a  condemna- 
tion of  land  for  a  street,  public  market,  levee,  alley,  or  a  condemnation  of  an 
easement  in  land  for  slopes  in  cuts  or  fills  does  not  exceed  the  sum  of  two 
hundred  (200)  dollars,  the  same  shall  be  paid  out  of  the  general  fund  of  the 
city. 

311.  Sidewalks,  annual  contracts  for. — Sec.  79.  It  is  hereby  made  the 
duty  of  the  board  of  public  works  of  the  City  of  St.  Paul  to  annually  cause 
proposals  to  be  published  in  the  oflicial  paper  of  said  city,  in  the  same  manner 
and  for  the  same  length  of  time  as  in  the  case  of  other  public  improvements, 
for  the  construction,  repair  and   relaying  of  such  sidewalk  as  may  be   ordered 


78  CHARTER  OF  CITY  OF'ST.  PAUL. 

built,  repaired  or  relaid  by  the  common  council  prior  to  the   hrst  day  of  No- 
vember in  each  year. 

Provided,  however,  that  the  board  of  public  works  may,  whenever  in 
their  opinion  the  public  interest  will  be  subserved  thereby,  cause  proposals 
for  bids  to  be  published  in  the  official  paper  of  said  city,  in  the  manner  here- 
inbefore prescribed,  and  award  a  separate  contract  for  the  construction,  re- 
pair and  relaying  of  wood  sidewalks;  and  also  for  one  or  more  contracts  for 
the  construction,  repair  and  relaying  of  sidewalks  of  stone,  brick,  cement, 
asphalt,  composition  or  other  permanent  material.  General  plans  and  spec- 
ifications applicable  to  all  sidewalks  that  may  be  ordered  built,  repaired  or 
relaid  during  the  year  by  said  common  council  shall  be  made  and  filed  with 
the  clerk  of  the  board  of  public  works  at  least  ten  (10)  days  before  the  day 
named  for  the  receipt  of  said  bids  by  the  board  of  public  works,  and  the  work 
shall  be  let  and  placed  under  contract  as  now  provided  by  law  for  the  con- 
struction, relaying  and  repair  of  sidewalks  for  wliich  an  assessment  is  to  be 
made,  except  that  the  bids  for  the  construction,  repair  and  relaying  of  said 
sidewalks  shall  be  accompanied  by  a  bond  to  the  City  of  St.  Paul  in  the  sum 
of  five  thousand  dollars  ($5,000),  executed  by  the  bidder  and  two  (2)  respon- 
sible sureties,  conditioned  that  he  will  enter  into  and  execute  a  contract  to 
perform  the  work  for  the  price  mentioned  in  his  bid.  according  to  the  plans 
and  specifications,  in  case  a  contract  shall  be  awarded  him.  And  in  case  of  de- 
fault on  his  part  to  execute  the  contract  and  perform  the  work,  said  bond  may 
be  sued  and  judgment  recovered  thereon  by  the  said  city,  for  the  full  amount 
thereof,  in  any  court  having  jurisdiction  of  the  amount;  and.  except  further, 
that  the  question  of  what  constitutes  the  lowest  reliable  and  responsible  bid- 
der must  be  determined  by  said  board  of  public  works,  independent  and  exclu- 
sive of  the  bond  required  by  this  section.  Whenever  said  common  council 
shall  pass  a  final  order  for  the  construction  of  such  sidewalks,  it  shall  be  the 
duty  of  the  board  of  public  works,  without  any  unnecessary  delay,  to  transmit 
a  copy  of  said  order  to  the  person  or  persons  having  the  contract  for  the 
construction,  repair  or  relaying  of  sidewalks,  for  the  time  being,  who  shall, 
without  unnecessary  delay  unless  the  commissioner  of  public  works  shall  be 
of  the  opinion  that  a  good  and  sufficient  sidewalk  already  exists  in  front  of 
said  property,  cause  the  sidewalks  so  ordered  constructed,  relaid  or  repaired, 
by  the  common  council,  to  be  built,  relaid  or  repaired  as  the  case  may  be. 

312.  Assessments  for  sidewalks. — The  said  board  shall,  as  soon  as  prac- 
ticable after  the  construction,  repair  or  relaying  of  said  sidewalks,  assess  the 
amounts,  as  nearly  as  they  can  ascertain  the  same,  which  will  be  required  to 
defray  the  cost  of  such  improvement,  including  the  necessary  expense  of 
making  and  collecting  stich  assessment,  upon  the  real  estate  or  lots  of  land 
benefited  by  said  improvement.  When  said  assessment  is  completed,  the 
said  board  shall  give  six  (6)  days'  notice  by  one  (1)  publication  in  the  official 
newspaper  of  the  city,  to  the  effect  that  at  a  time  and  place  therein  specified 
that  said  assessment  will  be  confirmed,  unless  sufficient  cause  is  shown  to  the 
contrary,  and  that  objections  must  be  filed  one  (1)  day  before  such  time  of 
meeting  with  the  clerk  of  said  board.  Such  objections  shall  be  made  and  filed 
in  the  same  manner,  and  said  board  shall  proceed  in  hearing  the  same. 
and  have  the  same  power  to  revise,  correct,  confirm  or  set  aside  such  assess- 
ment, or  proceed  de  novo,  as  provided  in  section .  sixteen  (16)  of  this  title. 
Said  assessment,  when  confirmed,  shall  be  final  and  conclusive,  and  no  appeal 
shall  lie  therefrom.  A  warrant  shall  issue  for  the  collection  thereof,  and  said 
assessment  shall  be  enforced  and  collected  as  other  assessments  made  under 
this  title. 

313.  Contractor's  neglect — Permits  to  property  owners. — Whenever  the 
said  contractor  shall  fail  to  build,  repair  or  relay  any  sidewalk  within  the 
time  designated  by  the  board  of  public  works,  or  in  any  other  respect  fail  to 
comply  with  the  terms  of  his  said  contract,  the  commissioner  of  public 
works,  in  the  discretion  of  said  board  shall  have  power  to  furnish  and  use 
men  and  material  to  complete  the  work  and  charge  the  expense  to  the  con- 
tractor, and  the  same   shall  be  deducted   from   any   money   due  him.  or  to  be- 


LOCAL    LMPROVEMENTS    AND    SPECIAL   ASSESSMENTS. 


79 


come  due  such  contractor,  or  may  be  collected  from  him  in  a  suit  by  said 
city,  or  said  board  of  public  works  may  readvertise  for  bids  for  the  comple- 
tion of  the  uncompleted  part  of  said  contract,  and  let  a  contract  in  the  same 
manner  as  hereinbefore  provided  in  the  original  contract.  In  case  the  said 
contractor  shall  proceed  to  properly  perform  and  complete  his  said  contract, 
and  all  the  provisions,  clauses,  matters  and  things  therein  contained,  the  said 
board  of  public  works  may,  upon  said  contractor  filing  with  the  commissioner 
of  public  works  an  affidavit  that  all  work,  labor  and  material  for  which  an 
estimate  is  asked  is  fully  paid  for,  from  time  to  time,  as  the  said  work  pro- 
gresses, grant  to  said  contractor  every  thirty  (30)  days  an  estimate  of  the 
amount  already  earned,  reserving,  however,  fifteen  (15)  per  cent  therefrom. 
Provided,  however,  that  said  fifteen  (15)  per  cent  shall  be  included  in  the 
final  estimate  allowed  said  contractor.  Provided  further,  however,  that 
nothing  in  the  foregoing  section  shall  be  construed  to  prevent  any  property 
owner  from  constructing  its,  his  or  her  own  sidewalk,  at  its,  his 
or  her  own  expense,  under  the  authority  and  direction  of  the  com- 
missioner of  public  works,  and  said  commissioner  is  hereby  au- 
thorized to  grant  to  such  property  owner  a  permit  so  to  do.  In  case 
a  final  order  shall  have  been  made  by  the  common  council  for  the  construc- 
tion, relaying  or  repairing  of  any  sidewalk,  the  owner  of  the  property  where 
such  sidewalk  is  to  be  constructed,  relaid  or  repaired,  under  such  order,  may, 
at  its,  his  or  her  own  expense,  construct,  relay  or  repair,  as  the  case  may  be, 
such  sidewalk,  over  or  along  its,  his  or  her  property  forthwith  in  conformity 
to  the  said  order,  upon  complying  with  the  following  conditions:  Such 
property  owner  electing  to  construct,  relay  or  repair  its,  his  or  her  own  side- 
walk, as  aforesaid,  shall  file  with  the  commissioner  of  public  works  a  written 
notice,  subscribed  by  such  owner  or  its,  his  or  her  agent,  within  ten  days 
after  the  passage  of  said  final  order  of  its,  his  or  her  int'^ntion  to  construct, 
relay  or  repair,  as  the  case  may  be,  its,  his  or  her  own  sidewalk,  and  it  shall 
thereupon  be  the  duty  of  the  commissioner  of  public  works  to  grant  to  such 
person  a  permit  so  to  do,  within  thirty  days  from  a  day  or  time  to  be  speci- 
fied in  said  permit.  The  said  work  shall  be  done  under  the  supervision  and 
direction  of  the  commissioner  of  public  works,  and  such  commissioner  shall 
give  prompt  notice  to  the  city  contractor  of  the  permit  so  issued  by  him. 
Such  owner  having  complied  with  all  the  requirements  of  this  proviso,  and 
within  the  said  period  of  thirty  days,  shall  be  exempt  from  any  assessment 
on  account  of  the  sidewalk  so  constructed,  relaid  or  repaired  by  him  as  afore- 
said. In  case  the  said  owner  shall  fail  to  comply  with  this  proviso,  in  whole 
or  in  part,  the  city  contractor  shall  proceed  to  construct,  relay  or  repair  the 
sidewalk  over  or  along  the  property  of  such  owner  as  directed  in  said  final 
order,  and  the  property  of  such  owner  benefited  by  such  improvement  shall 
be  assessable  therefor  to  the  extent  of  such  benefits. 

314.  Proposals  for  improvements — Advertisement — sealed  bids — Bond  or 
certified  check. — Sec.  80.  Whenever  any  ])uhlic  iniprovt-nient  shall  be  ordered 
.for  which  an  assessment  is  to  be  made  the  said  board  of  public  works  shall 
cause  proposals  for  doing  said  work  to  be  advertised  for  in  the  official  paper 
of  said  city,  a  plan  or  profile  of  the  work  to  be  done,  accompanied  with  speci- 
fications for  the  doing  of  the  same  being  first  deposited  with  the  clerk  of 
said  board,  to  be  kept  by  him  at  all  times  open  for  public  inspection;  which 
advertisement  shall  be  published  for  at  least  ten  (10)  times  in  said  official 
paper,  and  shall  state  substantially  the  work  to  be  done,.  The  bids  for  the 
doing  of  such  work  shall  be  sealed  bids,  directed  to  the  board  of  public  works 
of  the  City  of  St.  Paul,  and  shall  be  sealed  in  such  manner  that  they  cannot  be 
opened  without  detection,  and  shall  be  accompanied  by  a  bond  to  the  City  of 
St.  Paul  in  a  sum  not  less  than  twenty  (20)  per  cent  of  the  cost  of  the  work, 
according  to  the  price  bid,  as  nearlj'  as  can  be  ascertained,  executed  by  the 
bidder  and  two  (2)  responsible  sureties,  conditioned  that  he  shall  execute 
the  work  for  the  price  mentioned  in  his  bid  and  according  to  plans  and  speci- 
fications, in  case  the  contract,  shall  be  awarded  to  him.  .^nd  in  case  of  de- 
fault on  his  part  to  execute  the  contract  and  perform  the  work,  said  bond 
may  be   sued   and  judgment  recovered   thereon   by   the   said   city,   for  the  full 


80  CHARTER  OF  CITY  OF  ST.  PAUL. 

amount  tlicrcof.  in  any  court  having  jurisdiction  of  the  amount.  Said  bids 
shall  be  opened  by  said  board  at  their  next  meeting  after  the  time  limited 
by  such  proposals,  or  such  other  time  thereafter  as  said  board  may  appoint, 
and  it  is  hereby  made  the  duty  of  the  board  of  public  works,  in  case  of  the 
default  hereafter  of  any  contractor  to  complete  his  contract  with  the  city 
within  the  time  limited  in  said  contract,  to  cause  suit  to  be  commenced  forth- 
with, upon  the  bond  executed  and  delivered  to  the  city,  in  accordance  with 
the  provisions  of  this  section. 

Provided,  that  in  lieu  of  the  bond  in  this  section  provided  for,  the  bidder 
may  deposit  with  said  bid  a  duly  certified  check  upon  any  of  the  banks  of  the 
City  of  St.  Paul,  payable  to  the  clerk  of  said  board,  for  the  use  of  the  City 
of  St.  Paul.  Such  check  shall  be  for  ten  (10)  per  cent  of  the  amount  bid, 
as  nearly  as  can  be  ascertained.  All  checks  shall  be  returned  to  the  person 
depositing  the  same  after  the  bids  are  opened,  except  that  of  the  successful 
bidder,  which  shall  be  retained  as  a  guaranty  that  he  will  enter  into  a  contract 
with  the  City  of  St.  Paul  for  the  performance  of  the  work  ordered  to  be  done. 
The  said  check  so  retained  shall  be  returned  to  the  successful  bidder  as  soon 
as  he  shall  have  entered  into  a  contract  fnr  the  doing  of  said  work. 

315.  Award  of  contracts — Patent  pavements. — Sec.  81.  All  contracts  shall 
be  awarded  to  the  lowest  reliable  and  responsible  bidder  or  bidders  who  have 
complied  with  the  requirements  of  the  preceding  section,  and  who  shall  have 
guaranteed  to  the  satisfaction  of  said  board,  except  in  the  case  of  patent  pave- 
ment or  pavements,  when  in  such  case  the  notice  for  bids  may  call  for  wood, 
stone  or  other  kind  of  pavement,  and  when  all  the  proposals  therefor  are  in 
the  board  may  select  the  one  which  is  relatively  the  lowest  or  most  satisfac- 
tory, all  things  considered,  and  the  decision  of  the  board  therein  shall  be  final. 
If  the  pavement  selected  is  patented,  the  said  board  shall  require  a  license 
from  the  patentee  to  lay  and  relay  the  same  for  all  time  thereafter  free  from 
all  claims  for  royalty.  Whereupon  a  contract  shall  be  made  on  the  part  of 
said  board  in  the  name  of  the  City  of  St.  Paul,  and  shall  be  executed  on  the 
part  af  said  city  by  the  president  of  said  board,  or  such  other  members  as 
said  board  may  designate,  and  the  seal  of  said  board  shall  be  thereto  attached, 
and  the  said  contract  shall  be  countersigned  by  the  city  comptroller.  Said 
contract  shall  be  filed  in  the  office  of  the  city  comptroller.  Provided,  how- 
ever, that  the  said  board  may  reject  any  bid  which  they  shall  deem  unreason- 
able or  unreliable,  and  that  said  board  in  determining  the  reliability  of  a  bid 
shall  consider  the  question  of  the  responsibility  of  the  bidder  and  his  ability 
to  perform  his  contract,  without  any  reference  to  the  financial  responsibility 
of  the  sureties  on  the  bond.  Provided,  further,  that  no  contract  «hall  be 
awarded  except  upon  or  by  vote  of  at  least  two-thirds  (2-3)  of  the  members 
of  said  board  in  favor  thereof.  And  provided,  further,  that  no  contract  shall 
be  awarded  except  with  the  approval  of  the  common  council  by  two-thirds 
(2-3)  of  the  members  thereof  elect. 

316.  Improper  construction,  remedy  for — Payments  on  contracts — Paving 
repairs. — Sec.  S2.  The  said  board  ol"  public  works  shall  reserve  the  right  in 
their  said  contracts,  in  case  of  improper  construction,  to  suspend  the  work 
at  any  time  and  relet  the  same,  or  to  order  the  entire  construction  of  the 
same  if  improperly  done.  In  cases  where  the  contractor  or  contractors  shall 
proceed  to  properly  perform  and  complete  the  said  contracts  the  board  of 
public  works  may,  from  time  to  time  (not  oftener  than  once  a  month,  except 
final  estimates,  which  may  be  given  and  allowed  at  any  time  after  the  allow- 
ance of  the  preceding  estimate),  as  the  work  progresses,  grant  to  said  con- 
tractor or  contractors  an  estimate  of  the  amount  already  earned,  reserving 
fifteen  (15)  per  cent  therefrom,  which  shall  entitle  said  contractor  or  con- 
tractors to  receive  the  amount  which  may  be  due  thereon,  when  there  is 
money  applicable  to  the  payment  of  such  work.  When  the  whole  work  has 
been  completed  by  such  contractor  or  contractors  to  the  satisfaction  of  the 
board  of  public  works,  the  amount  or  balance  due  him  shall  be  audited  by 
the  comptroller  and  allowed  by  the  common  council  of  said  city,  ^nd  shall  be 
payable  out  of  the  moneys  applicable  to  the  payment  of  such  work.     Provided, 


SEWERAGE.  81 

however,  that  in  case  of  contracts  for  paving  streets  the  board  of  public  works 
are  authorized  to  retain  such  sum  and  upon  such  conditions  and  for  such 
lengths  of  time  as  may  be  agreed  upon,  for  the  keeping  of  said  pavements 
in  repair. 

TITLE  4. 
Sewerage. 

317.  Council  may  establish  or  alter  general  systems. — Section  1.  The 
common  council  of  the  City  of  St.  Paul  shall  have  power  to  establish  and 
maintain  at  any  time,  and  from  time  to  time,  any  general  system  or  systems 
of  sewerage  for  said  city  in  such  manner  and  under  such  regulations  as  said 
council  may  deem  expedient,  and  such  system  or  systems  of  sewerage,  to  alter 
or  change  from  time  to  time,  as  said  council  may  deem  proper. 

318.  Connecting  sewers. — Sec.  2.  Sewers  connected  or  intended  to  be 
connected  with  such  general  system  or  systems  of  sewerage  may  from  time 
to  time  be  ordered  by  said  council,  to  be  constructed  by  the  board,  of  public 
works  of  said  city,  in  the  same  manner  and  under  the  same  regulations  as  in 
the  case  of  other  improvements  of  said  city. 

319.  Cost  shall  be  assessed — Appropriations  from  general  fund. — Sec.  3. 
The  cost  of  constructing,  altering  or  repairing  any  of  the  sewers  or  improve- 
ments herein  provided  for  or  referred  to,  as  nearly  as  can  be  ascertained,  to- 
gether with  the  necessary  expenses  of  making  the  assessment,  shall  be  as- 
sessed by  the  board  of  public  works  of  said  city  upon  the  real  estate  benefited 
thereby,  and  enforced  and  collected  in  the  manner  and  under  the  regulations 
provided  by  law  for  other  local  improvements  of  said  city.  Provided,  how- 
ever, that  the  said  common  council  may  order  the  constructing,  altering  or 
repairing  sewers,  or  such  part  of  them,  or  such  proportion  of  the  cost  thereof, 
as  said  council  may  deem  expedient  to  be  paid  by  said  city  at  large  out  of  the 
general  fund. 

320.  Lateral  connections — Sewer,  water  and  gas  connections  in  streets  to 
be  paved. — Sec.  4.  That  the  municipal  corporation  of  the  City  of  St.  Paul 
is  hereby  authorized,  whenever  a  sewer  is  ordered  built,  to  include  in  such 
order  the  construction  as  far  as  the  property  lines  of  all  the  lateral  connections 
and  private  drains  that  may  be  deemed  expedient  or  necessary,  or  whenever 
a  street  is  ordered  paved,  to  include  in  such  order  the  construction  as  far  as 
the  property  lines  of  all  sewer,  water  and  gas  connections  that  may  be  deemed 
expedient  or  necessary. 

Sec.  5.  That  the  cost  of  this  work  shall  be  assessed  upon  the  property 
benefited,  in  the  same  manner  as  any  other  local  improvement. 

321.  Other  sewers  may  be  built. — Sec.  6.  Nothing  herein  contained  shall 
be  construed  as  abridging  the  power  of  said  City  of  St.  Paul  to  construct,  or 
order  to  be  constructed,  such  sewers  or  drains  other  than  those  before  men- 
tioned as  may  be  deemed  expedient. 

322.  Duties  of  health  officer  as  to  sewers. — Sec.  7.  It  shall  be  the  duty 
of  the  board  of  health  of  said  City  of  St.  Paul,  from  time  to  lime,  to  investi- 
gate and  report  to  the  common  council  where  improved  drainage  and  sewer- 
age is  necessary  to  the  public  health,  and  what  nuisances  exist  which  are  the 
result  of  defective  drainage  or  sewerage,  and  the  common  council  may,  by 
a  two-thirds  (2-3)  vote,  order  the  construction  of  such  sewers  as  are  needed 
to  preserve  the  public  health,  and  to  remove  nuisances  in  accordance  with 
the  reports  and  recommendations  of  the  bf)ard  of  health. 

The  cost  of  constructing,  altering  or  repairing  any  sewer  as  aforesaid, 
as  nearly  as  can  be  ascertained,  together  with  the  necessary  expenses  of  mak- 
ing the  assessment,  shall  be  assessed  by  the  board  of  public  works  of  said 
city  upon  the  real  estate  benefited  thereby,  and  enforced  and  collected  in  the 
manner  and  under  the  regulations  provided  by  law  for  other  local  improve- 
ments.    Provided,    however,    that    if    the    board   of    public    works    shall    be    of 


82  CHARTER  OF  CITY  OF  ST.  PAUL. 

the  opinion  that  the  property  cannot  be  found  benefited  to  the  extent  of  the 
cost  and  expenses  of  said  improvement,  the  common  council  may  order  any 
deficiency  whicli  may  be  reported  by  the  board  of  public  works  of  the  cost 
and  expenses  over  and  above  the  property  benefited  to  be  paid  out  of  the 
general  fund. 

323.  Easements  by  condemnation  for  sewers,  roadways,  car  tracks,  etc. — 

Sec.  8.  Whenever  the  common  council  of  said  city  may  deem  it  necessary  to 
cross  private  property  and  to  construct  a  sewer  thereon  for  the  purpose  of 
securing  a  proper  line  for  sewerage,  the  City  of  St.  Paul  may  acquire  by  con- 
demnation, and  may  take,  possess,  have  and  hold  an' easement  in,  over,  under 
and  across  such  private  property,  for  the  purpose  of  constructing,  altering, 
protecting,  repairing  and  keeping  in  repair  such  sewer,  and  like  proceedings 
shall  be  had  by  the  common  council  and  the  board  of  public  works,  for  the 
condemnation  of  such  easement,  as  are  now  by  law  had  for  the  taking  of 
property  for  the  opening,  widening,  extension  or  altering  and  straightening 
of  streets,  and  the  damages  awarded  to  the  owner  of  said  property  for  such 
easement  shall  be  paid  out  of  the  general  fund. 

And'  whenever  the  board  of  public  works  of  said  city  may  deem  it  nec- 
essarj'  to  cross  any  private  property  with  a  roadway  or  car  track,  for  the  pur- 
pose of  grading  any  street  or  alley,  not  otherwise  conveniently  accessible, 
the  City  of  St.  Paul  may,  with  like  proceedings  as  are  now  had  by  law  for 
taking  property  for  the  opening,  extension,  widening,  constructing,  altering 
and  straightening  of  any  street,  take,  acquire,  possess,  have  and  hold  an  ease- 
ment over  and  across  said  property,  for  the  purpose  of  gaining  access  to  the 
street  or  alley  required  to  be  graded,  for  such  time  as  it  may  be  necessary 
to  do  the  work,  and  the  amount  of  the  assessment  for  damage  accruing  to 
the  owner  or  owners  of  said  land  for  such  easement  shall  be  paid  by  the  con- 
tractor doing  the  work. 

TITLE  5. 

Street  Grades. 

324.  Council  shall  establish. — Section  1.  The  common  council  shall  cause 
to  be  established,  under  the  direction  of  the  commissioner  of  public  works, 
the  grade  of  all  streets,  sidewalks  and  alleys  in  said  city,  and  shall  cause  accu- 
rate profiles  thereof  to  be  made,  one  (!)•  of  which  shall  be  filed  in  the  office 
of  the  register  of  deeds  of  Ramsey  county,  and  one  (l)  shall  be  kept  in  the 
office  of  the  said  commissioner  of  public  works. 

325.  Street  grades  may  be  altered. — Sec.  2.     Such  grade  may  at  any  time 

thereafter  be  altered  by  a  two-tliirds  (2-3)  vote  of  all  the  members  elect  of 
each  body  of  the  common  council,  after  the  body  of  the  common  council  in 
which  the  matter  of  said  proposed  alteration  origijiated  has  caused  notice 
to  be  given,  by  publication  in  the  official  newspaper  of  said  city  for  three 
(3)  successive  weeks,  at  least  twice  in  each  week,  of  the  time  and  place  where 
the  said  body  in  which  said  matter  of  alteration  originated  will  consider  such 
proposed  alteration. 

Provided,  however,  that  no  change  of  grade  ordered  by  the  common  coun- 
cil shall  take  effect  and  be  consummated  until  the  board  of  public  works  shall 
have  made  and  confirmed  the  assessment  of  damages  and  benefits  resulting 
froi.i  such  change  of  grade;  and  provided,  further,  that  the  common  council 
may  annul  any  order  for  a  change  of  grade  at  any  time  prior  to  the  con- 
firmation of  the  assessment  for  such  change  of  grade  by  the  board  of  public 
works. 

326.  Damages  and  benefits. — Sec.  3.  After  such  alteration  shall  have 
been  finally  determined  as  herein  provided,  the  common  council  shall  refer 
the  matter  to  the  board  of  public  works  to  assess  the  damages,  if  any,  to 
property  occasioned  by  such  alteration,  and  also  to  determine  what  real  es- 
tate,  if  any,   will    be   benefited    by   such    alteration,   and   to   assess   upon   such 


STREET  SPRINKLING.  83 

property  benefited  the   amount  of  such   damages,  together   with   the   costs   of 
proceedings. 

327.  Assessment  by  board  of  public  works. — Sec.  4.  Upon  such  order  of 
reference  of  the  common  council  being  transmitted  to  said  board  of  public 
works,  the  said  board  shall  make  such  assessment  of  damages  and  benefits 
in  the  same  manner,  and  after  giving  the  like  notice,  as  near  as  may  be,  as  in 
the  case  of  improvements,  requiring  the  appropriation  and  condemnation  of 
land  or  real  estate  as  provided  in  this  charter;  and  when  completed  said  board 
of  public  works  shall  proceed  to  confirm  the  said  assessment  in  manner  pro- 
vided by  section  16  of  Title  III  of  Chapter  VI  of  this  charter,  and  shall  have 
all  the  power  to  correct,  revise,  confirm,  set  aside  or  proceed  de  novo  in  said 
matter,  and  all  other  powers  therein  given  and  provided,  and  the  same  pro- 
ceedings, as  nearly  as  may  be,  shall  be  had  as  are  prescribed  in  said  section  14. 

328.  Appeals. — Sec.  5. — Any  party  aggrieved  by  such  assessment  of  dam- 
ages may  appeal  under  the  same  regulations  and  restrictions,  and  in  the  same 
manner  provided  in  section  17  of  Title  III  of  Chapter  VI  of  this  charter,  but 
such  appeal  shall  not  operate  to  stay  any  of  the  proceedings  in  the  matter 
of  such  alteration. 

329.  Collection  and  enforcement. — Sec.  6.  All  assessments  of  benefits 
aforesaid  shall  be  collected  and  enforced  in  the  same  manijer  as  in  the  case 
of  other  local  improvements  provided  for  in  this  charter. 

TITLE  6. 
Street  Sprinkling. 

I. 

330.  Legislative  enactment  in  force  until  January  1,  1901. — All  of  the  pro- 
visions of  Title  IV  of  Chapter  VII  of  the  Special  Laws  of  the  State  of  Min- 
nesota for  the  year  1887,  approved  March  1,  1887,  entitled:  "An  Act  to  amend 
chapters  six  (6)  and  seven  (7)  of  an  act  entitled  'An  act  to  reduce  the  law  in- 
corporating the  City  of  Saint  Paul,  in  the  County  of  Ramsey  and  State  of 
Minnesota,  and  the  several  acts  amendatory  thereof  and  certain  other  acts 
relating  to  said  city,  into  one  act,'  approved  March  fifth  (5th),  one  thousand 
eight  hundred  seventy-four  (1874),  and  the  several  acts  amendatory  thereof," 
are  hereby  continued  in  force  and  adopted  as  a  part  of  this  charter,  until  the 
first  day  of  January,  1901.  Provided,  however,  that  for  the  purpose  of  insur- 
ing the  levying,  enforcement  and  collection  of  assessments  for  street  sprink- 
ling during  the  year  1900,  and  for  such  purposes  only,  all  the  provisions  of 
said  act  relating  to  the  levying,  enforcement  and  collection  of  assessments  are 
continued  in  force  and  adopted  as  a  part  of  this  charter  beyond  said  first  day 
of  January,  1901,  and  until  all  proceedings  relating  to  the  collection  of  as- 
sessments levied  for  the  sprinkling  of  streets  during  the  year  1900  are  finally 
completed,  and  the  provisions  of  said  act  so  continued  in  force  are  as  follows: 

331.  Power  of  council. — "Section  1.  The  common  council  shall  have  the 
power  to  sprinkle  the  streets,  avenues,  levees,  lanes,  alleys,  parks  and  other 
public  grounds  of  said  city,  or  any  part  thereof. 

See  amendment  p.  80.     Adopted  May  5,  1908. 

332.  Sprinkling  districts. — "Sec.  2.  For  the  purpose  of  sprinkling  provid- 
ed for  in  sc-ction  one  (1)  of  this  title,  it  is  hereby  made  the  duty  of  the  board 
of  public  works,  as  soon  after  the  passage  of  this  act  as  practicable,  and  an- 
nually thereafter,  to  divide  said  city  into  three  (3)  or  more  sprinkling  dis- 
tricts, without  reference  to  ward  lines.  Said  districts  shall  be  designated  by 
numbers,  as  follows,  to-wit:  Sprinkling  District  Number  One  (l);  Sprinkling 
District  Number  Two  (2);  Sprinkling  District  Number  Three  (3),  etc. 

333.  Proposals  for  sprinkling. — "Sec.  3.     The  board  of  pulilic  w<M-ks  shall 


84  CHARTER  OF  CITY  OF  ST.  PAUL. 

annually  cause  proposals  to  be  advertised  for  in  the  official  paper  of  said 
city  in  the  same  manner  and  for  the  same  length  of  time  as  in  the  case  of 
other  public  improvements,  for  the  sprinkling  of  any  and  all  streets,  avenues, 
levees,  lanes,  alleys,  parks  or  other  public  ground,  or  any  part  thereof,  in 
each  and  all  of  said  sprinkling  districts  which  may  be  ordered  sprinkled  by 
the  common  council  in  each  year.  General  plans  and  specifications  applicable 
to  all  sprinkling  that  may  be  ordered  done  in  each  of  said  districts  during  the 
year  by  said  common  council  shall  be  made  and  filed  with  the  cerk  of  the 
board  of  public  works.  And  the  sprinkling  shall  be  let  and  placed  under 
contract  in  the  same  way  and  manner  as  is  now  provided  by  law  for  other 
local  improvements  provided  for  in  this  act,  except  that  the  bids  for  sprink- 
ling shall  be  accompanied  by  a  bond  to  the  City  of  St.  Paul  in  the  sum  of 
three  thousand  dollars  ($3,000.00),  executed  by  the  bidder  and  two  respon- 
sible sureties,  conditioned  that  he  will  enter  into  and  execute  a  contract  to  per- 
form the  work  for  the  price  mentioned  in  his  bid,  according  to  the  plans  and 
specifications,  in  case  a  contract  shall  be  awarded  to  him.  And  in  case  of 
default  on  his  part  to  execute  the  contract  and  perform  the  work,  said  bond 
may  be  sued  and  judgment  recovered  thereon  by  said  city  for  the  full  amount 
thereof,  in  any  court  having  jurisdiction  of  the  amount. 

334.  Award  of  contracts. — "Sec.  4.  Contracts  for  sprinkling  shall  be 
awarded  to  the  lowest  reliable  and  responsible  bidder,  reference  being  had 
solely  to  the  reliability  and  responsibility  of  the  bidder  to  perform  his  con- 
tract, without  regard  to  his  sureties.  Provided,  however,  that  the  board  of 
public  works  may  reject  any  and  all  bids  which  they  shall  deem  either  un- 
reasonable or  unreliable.  And  provided,  further,  that  no  contract  shall  be 
awarded  except  with  the  approval  of  a  majority  of  the  members  elect  of  the 
common  council.  Said  bond  may  be  sued  and  judgment  recovered  thereon 
by  said  city  for  the  full  amount  thereof,  in  any  court  having  jurisdiction  of 
the  amount. 

335.  Council  may  order.  "Sec.  5.  The  common  council  of  said  city  rriay 
order  sprinkling  to  be  done  whenever  and  wherever  they  deem  the  public 
interest,  for  sanitation  or  other  cause,  require  it,'  without  reference  to  the 
board  of  public  works  for  a  report  upon  the  necessity  or  propriety  thereof. 
Whenever  said  common  council  shall  order  any  sprinkling  to  be  done,  a  copy 
of  such  order  shall  be  transmitted  to  the  board  of  public  works,  whose  duty 
it  shall  be,  without  any  unnecessary  delay,  to  cause  the  sprinkling  contractor 
to  be  notified  thereof,  and  to  cause  said  sprinkling  so  ordered  by  the  com- 
con  council  to  be  done,  and  it  shall  be  the  duty  of  the  city  engineer  to  cause 
said  sprinkling  to  be  duly  inspected  and  done  and  performed  in  accordance 
with  the  contract,  and  to  report  the  fact  to  the  board  of  public  works,  who 
shall  cause  an  assessment  to  be  made  for  said  sprinkling,  as  hereinafter  pro- 
vided. 

336.  Assessments. — "Sec.  G.  At  the  first  meeting  in  each  and  every  month, 
unless  otherwise  ordered  by  the  board,  they  shall  give  at  least  ten  (10)  days' 
notice  by  two  (2)  publications  in  the  official  newspaper  of  the  city  to  the 
effect  that  at  a  certain  time  and  place  they  will  proceed  to  make  an  assess- 
ment for  sprinkling.  Said  notice  shall  briefly  describe  the  location  of  the 
streets  sprinkled  by  streets  and  districts;  the  said  board  shall  assess  the 
amount,  as  nearly  as  they  can  ascertain  the  same,  which  shall  be  required  to 
defray  the  cost  of  such  sprinkling,  including  the  necessary  expense  of  making 
and  collecting  such  assessments,  upon  the  real  estate  or  lots  of  land  fronting 
on  said  improvement,  without  regard  to  the  cash  valuation  thereof,  or  whether 
the  same  shall  be  improved  or  otherwise.  In  making  said  assessment  the 
said  expense  and  cost  shall  be  apportioned  pro  rata  upon  the  lineal  feet  of 
said  real  estate  or  lots  of  land  fronting  on  said  improvement  aforesaid.  When 
said  assessment  is  completed  the  said  board  shall  give  six  (6)  days'  notice 
by  two  (2)  publications  in  the  official  newspaper  of  the  city,  to  the  effect  that 
at  a  time  and  place  therein  specified  said  assessment  will  be  confirmed,  unless 
cause  is  shown  to  the  contrary,  and  that  objections  must  be   filed  one   (l)   day 


STREET  SPRINKLING.  85 

before  such  time  of  meeting,  with  the  clerk  of  said  board.  Such  objections 
shall  be  made  and  filed  in  the  same  manner,  and  said  board  shall  proceed  in 
hearing  the  same,  and  have  the  same  power  to  revise,  correct,  confirm  or 
set  aside  such  assessment,  or  proceed  de  novo,  as  provided  in  section  fifteen 
(]5)  of  title  one  (1)  of  this  chapter.  Said  assessment  shall  issue  for  the  col- 
lection thereof,  and  said  assessment  shall  be  enforced  and  collected  as  other 
assessments  made  under  title  one  of  this  chapter. 

337.  Neglect  of  contractor. — "Sec.  7.  Whenever  (the)  said  contractor 
shall  fail  to  do  and  perform  the  sprinkling  contract  to  be  done  by  him 
within  the  time  designated  by  the  board  of  public  works,  or  in  accordance 
with  the  terms  and  provisions  of  his  contract,  or  in  any  other  respect  fail  to 
comply  with  the  terms  of  his  (said)  contract,  the  said  board  of  public  works 
shall  have  power  to  furnish  (and  use)  men  and  material  to  complete  the  work 
and  charge  the  expense  to  the  contractor;  and  the  same  shall  be  deducted 
from  any  money  due  him,  or  to  become  due  such  contractor,  or  may  be  col- 
lected from  him  in  a  suit  by  Said  city,  or  said  board  of  public  works  may  re- 
advertise  for  bids  for  the  completion  of  the  unexpired  term  of  said  contract, 
and  let  a  contract  in  the  same  manner  as  hereinbefore  provided  in  the  original 
contract.  In  case  the  said  contractor  shall  proceed  to  properly  perform  and 
complete  his  said  contract,  and  all  the  provisions,  clauses,  matters  and  things 
therein  contained,  the  said  board  of  public  works  may,  upon  said  contractor 
filing  with  the  city  engineer  an  affidavit  that  all  work  and  labor  for  which  an 
estimate  is  asked  is  fully  paid  for,  from  time  to  time,  as  the  said  work  pro- 
gresses, grant  to  said  contractor,  every  thirty  (30)  days,  an  estimate  of  the 
amount  already  earned,  reserving,  however,  fifteen  (15)  per  cent  therefrom. 
Provided,  however,  that  said  fifteen  (15)  per  cent  shall  be  included  in  the 
final  estimate  allowed  said  contractor." 

IT. 

338.  Sprinkling  provisions  in  force  after  January  1,  1901. — Section  1.  The 
common  council  shall  have  the  power  to  cause  the  streets,  avenues,  lanes  and 
alleys  of  said  city,  or  any  part  thereof,  to  be  sprinkled,  and  shall  annually,  by 
taxation,  commencing  with  the  year  190],  create  a  fund  to  defray  the  cost 
of  sprinkling  the  streets  of  said  city,  but  the  cost  of  such  sprinkling  shall 
not  in  any  one  year  exceed  the  amount  provided  therefor  in  the  tax  estimate 
for  .such  year. 

339.  Districts — Plats. — Sec.  2.  The  commissioner  of  public  works,  shall, 
in  tlic  month  of  January  in  each  year,  beginning  with  the  year  1901,  divide 
said  city  into  three  (3)  or  more  sprinkling  districts,  without  regard  to  ward 
lines,  and  shall  determine  the  total  number  of  lineal  feet  of  the  streets,  ave- 
nues, lanes  and  alleys  in  each  district  which,  in  his  judgment,  require  to  be 
sprinkled  during  the  then  current  year,  and  shall  estimate  the  cost  of  such 
sprinkling  in  each  district,  but  said  commissioner  shall  have  no  power  to  des- 
ignate the  particular  streets,  avenues,  lanes  or  alleys  which  shall  be  sprinkled. 
Said  commissioner  shall  cause  two  (2)  plats  to  be  made  showing  the  lines  of 
said  sprinkling  districts,  and  shall  attach  to  or  endorse  upon  such  plats  a 
statement  of  the  number  of  lineal  feet  to  be  sprinkled  in  each  district  and  his 
estimate  of  the  cost  thereof,  one  of  which  plats  and  statements  he  shall  trans- 
mit to  the  common  council  and  the  other  of  which  shall  be  filed  in  the  office 
f)i  said  commissioner. 

340.  Contracts  for  sprinkling. — Sec.  3.  Until  the  common  council  shall 
otherwise  determine,  as  hereinafter  provided,  a  contract  or  contracts  shall  an- 
nually be  let  for  the  doing  of  such  sprinkling  as  may  be  ordered  by  the  com- 
mon council  in  each  year  in  each  of  said  districts  said  contract  shall  be  let 
as  follows:  The  said  commissioner  shall  prepare  and  file  in  his  office,  and 
keep  open  to  public  inspection,  general  plans  and  specifications  applicable  to 
the  sprinkling  which  is  required  to  bo  done  in  all  of  the  sprinkling  districts. 
The    commissioner   shall    then    give   public   notice,    for   at   least    ten    (10)    days. 


86  CHARTER  OF  CITY  OF  ST.  PAUL. 

by  one  (l)  publication  in  the  official  paper  of  said  city,  inviting  proposals 
for  the  doing  of  all  sprinkling  which  shall  be  ordered  by  the  common  coun- 
cil during  the  then  current  year  in  each  of  the  said  sprinkling  districts,  which 
notice  shall  reserve  to  said  commissioner  the  right  to  reject  any  and  all  bids. 
The  said  commissioner  may,  in  his  discretion,  call  for  separate  proposals  for 
the  sprinkling  to  be  done  in  each  district,  or  he  may  invite  proposals  for  do- 
ing the  sprinkling  in  two  or  more  of  such  districts,  under  one  contract.  Each 
bidder  shall  submit  with  his  bid  a  check  payable  to  said  city,  duly  certified 
by  a  solvent  bank,  or  a  bond,  either  of  which  shall  be  in  the  amount  which 
shall  be  specified  in  the  specifications,  running  to  the  City  of  Saint  Paul  and 
conditioned  that  he  will  enter  into  and  execute  a  contract  to  perform  the 
work  for  the  price  mentioned  in  his  bid,  according  to  the  plans  and  specifica- 
tions, in  case  a  contract  shall  be  awarded  to  him,  which  bond  shall  be  ap- 
proved by  said  commissioner.  All  proposals  shall  be  publicly  opened  by  said 
commissioner  at  the  time  and  place  specified  in  the  advertisement,  and  he 
shall  then  award  the  contract  to  the  lowest  responsible  bidder,  such  award, 
however,  must  be  approved  by  a  two-thirds  (2-,3*)  vote  of  all  members  of  the 
common  council.  Upon  a  contract  being  so  approved  by  the  common  coun- 
cil, the  contractor  shall  execute  a  bond  to  the  City  of  Saint  Paul,  which  shall 
not  be  less  in  amount  than  the  estimated  cost  of  the  sprinkling  to  be  done 
in  the  districts  covered  by  such  contract,  according  to  the  estimate  made  by 
the  commissioner  of  public  works,  and  said  bond  shall  be  executed,  approved 
and  conditioned  as  provided  by  Chapter  XV  of  this  charter  for  bonds  of  all 
persons  furnishing  work  arid  materials  to  said  city.  A  formal  contract  shall 
then  be  made  between  the  said  city  and  said  contractor,  which  shall  be  exe- 
cuted on  the  part  of  said  city  by  said  commissioner,  which  contract  shall  also 
be  countersigned  by  and  filed  in  the  office  of  the  city  comptroller. 

341.  Neglect  or  failure  of  contractor. — Sec.  4.  Whenever  any  sprinkling 
contractor  shall  fail  to  do  and  perform  a  sprinkling  contract  within  the  time 
provided  therein,  or  in  accordance  with  its  terms  and  provisions,  the  said 
commissioner  shall  have  power  to  furnish  and  use  men  and  materials  to  com- 
plete the  work  and  charge  the  expense  to  such  contractor,  and  such  expense 
shall  be  deducted  from  any  monej^s  due  or  to  become  due  such  contractor,  or 
may  be  collected  from  him  in  a  suit  brought  by  said  city  against  him  and  the 
sureties  upon  said  bond;  or  said  commissioner  may  readvertise  for  bids  for 
the  completion  of  the  unexpired  term  of  said  contract,  and  in  such  case,  a 
contract  shall  be  let  in  the  same  manner  as  hereinbefore  provided  for  the 
original  contract.  The  said  sprinkling  contractor  shall  be  paid  monthly  on 
bills  approved  by  the  said  commissioner. 

342.  Council  may  order. — Sec.  5.  The  common  council  of  said  city  may 
by  a  resolution  pa.^ed  by  three-fourths  (54)  vote  of  each  body  thereof,  order 
sprinkling  to  be  done  whenever  and  wherever  they  deem  the  public  interest 
requires  it,  within  each  of  the  sprinkling  districts  so  established  by  the  com- 
missioner of  public  w'Orks.  Provided,  however,  that  the  common  council  shall 
have  no  power  to  order  to  be  sprinkled  in  each  sprinkling  district  a  greatet 
number  of  lineal  feet  of  streets,  avenues,  lanes  and  alleys  than  the  number 
determined  and  fixed  for  such  district  by  said  commissioner.  Whenever  said 
common  council  shall  order  any  sprinkling  to  be  done,  a  copy  of  such  order 
shall  be  transmitted  to  said  commissioner,  whose  duty  it  shall  be,  without 
any  unnecesary  delay,  to  cause  the  .sprinkling  contractor  to  be  notified  there- 
of, and  to  cause  said  sprinkling  so  ordered  by  the  common  council  to  be  done 
in  accordance  with  said  contract. 

343.  Municipal  sprinkling  plant. — Sec.  6.  The  common  council  shall  have 
power,  wdienever  it  shall  deem  it  to  be  for  the  public  interest,  to  establish 
and  thereafter  maintain,  under  the  direction  of  said  commissioner  of  public 
works,  a  plant  or  outfit,  including  all  necessary  horses,  wagons  and  other  ap- 
propriate apparatus  and  material  for  th  edoing  of  street  sprinkling,  under  the 
immediate  direction  and  supervision  of  the  said  commissioner,  and  without 
the  letting  of  a  contract  therefor.     The  first  cost  of  establishing  such   plant 


STREET  SPRINKLING.  87 

or  outfit,  and  purchasing  the  necessary  horses,  wagons  and  other  apparatus 
and  material,  shall  be  paid  out  of  the  general  fund  of  said  city,  but  the  cost 
of  thereafter  adding  to  or  maintaining  said  plant  or  outfit  and  of  doing  all 
the  sprinkling  required  to  be  done  in  each  of  said  sprinkling  districts  shall 
be  paid  out  of  the  fund  raised  by  taxation  for  sprinkling  purposes,  as  herein- 
before provided.  After  the  common  council  shall  have  established  a  municipal 
plant  or  outfit  for  the  doing  of  sprinkling  as  aforesaid,  the  commissioner  or 
the  said  common  council  shall  have  no  authority  for  a  period  of  two  (2) 
years  thereafter  to  let  any  contract  for  such  work,  but  all  of  such  work  during 
such  time  shall  be  done  directly  under  the  superintendence  of  the  commis- 
sioner of  public  works. 

Adopted  at  City  Election  May  5th,  1908. 

AMENDMENT  NO.  1. 

Amend  subdivision  one  (l)  of  Title  six  (6)  of  Chapter  VI.,  so  as  to  read  as 
follows: 

"Section  1.  The  Common  Council  shall  have  the  power  to  sprinkle  and 
cause  to  be  sprinkled,  in  such  manner  and  to  such  extent  as  it  may  direct,  the 
streets,  alleys,  parks,  parkways  and  public  grounds  of  said  city,  or  any  part 
thereof,  without  reference  to  or  report  from  the  Board  of  Public  Works.  It 
shall  be  the  duty  of  the  Commissioner  of  Public  Works  each  year  to  employ 
the  necessary  men  and  teams  therefor,  and,  by  use  of  the  city  sprinkling  plan, 
to  sprinkle  such  portions  of  the  streets,  alleys,  parks,  parkways  and  public 
grounds  of  the  city,  and  for  such  length  of  time  as  the  Common  Council  may, 
by  resolution,  order  and  direct,  within  the  limits  of  the  fund  applicable  there- 
to, and  he  shall  cause  such  work  to  be  properly  inspected  as  it  progresses. 

"Said  Commissioner  shall  keep  an  accurate  account  of  the  actual  cost  of 
doing  all  such  sprinkling,  and  the  amount  thereof,  as  nearly  as  the  same  can 
be  ascertained,  together  with  the  cost  of  inspection  and  of  making  and  col- 
lecting the  assessment,  shall  be,  each  year,  assessed  upon  and  against  the 
real  estate  or  lots  of  land  fronting  on  said  improvement,  without  regard  to 
cash  valuation  thereof,  or  whether  the  same  shall  be  improved  or  otherwise. 

"In  making  said  assessment  the  said  cost  and  expense  shall  be  apportioned 
pro  rata  in  accordance  with  the  length  of  time  such  sprinkling  has  been  or  is  to 
be  done,  each  year,  upon  the  lineal  feet  of  said  real  estate  or  lots  of  land 
fronting  on  said  improvement,  and  when  so  assessed,  as  hereinafter  provided, 
the  same  shall  constitute  and  be  a  lien  upon  and  against  the  land  so  assessed 
until  the  same  is  paid. 

"The  said  Commissi(3ncr  of  Public  Works  shall,  on  or  before  the  15th  of 
October,  in  each  3'ear,  accurately  compute,  upon  the  basis  above  provided 
for,  the  amount  of  such  assessment  against  each  piece  or  parcel  of  land  so 
assessable  for  said  improvement  for  the  current  year,  and  set  such  amount 
opposite  the  description  thereof. 

"Said  Commissioner  shall,  not  later  than  October  15  of  each  year,  certify 
and  deliver  to  the  Auditor  of  Ramsey  County,  Minnesota,  a  complete  list  of 
said  descriptions  and  amounts  so  computed  as  aforesaid. 

"Said  .Xuditor  shall  thereupon  extend  the  respective  amounts  as  shown  in 
said  certified  list  in  the  proper  columns  in  the  general  ta.x  records  of  said 
cjunty,  against  the  respective  pieces  or  parcels  of  land  indicated  in  said  list 
so  certified  bj'  said  commissioner,  and  such  amounts  shall  be  included  and 
collected  with  the  general  taxes  against  the  property  the  next  succeeding  year, 
in  the  same  manner  as  such  general  taxes  are  collected  and  enforced,  and  the 
laws  of  this  state  relating  to  the  collection  and  enforcement  of  general  taxes 
shall  be  applicable  thereto,  provided  that  exemption  from  general  taxation 
shall  not  relieve  any  property  from  liability  for  the  assessments  herein  au- 
thorized. Such  assessments,  together  with  all  penalties  and  interest  thereon, 
when  collected,  shall  be  paid  over  by  the  Treasurer  of  Ramsey  County  to  the 
Treasurer  of  the  City  of  St.  Paul,  and  shall  be  placed  by  him  to  the  credit  of 
the  Sprinkling  Fund. 

"The    Common    Council,    may,    for    tlic    jjurpose    of    making    provision    for 


88  CHARTER  OF  CITY  OF  ST.  PAUL. 

payment  of  the  cost  of  such  sprinkling,  until  such  time  as  the  assessments 
therefor  can  be  collected,  include  in  the  general  tax  levy  not  exceeding  sixty 
thousand  dollars  ($60,000)  for  the  year  1909,  and  not  exceeding  forty  thousand 
dollars  ($40,000)  for  the  year  1910;  not  exceeding  ten  thousand  dollars 
($10,000)  from  these  amounts  may  be  used  for  enlargement  of  the  city  sprink- 
ling plant  if  the  Common  council  shall  deem  it  necessary. 

"The  levying  and  collection  of  such  taxes  shall  in  no  way  prevent  the  mak- 
ing and  collection  of  the  assessments  for  sprinkling  herein  provided  for,  but 
the  amount  so  derived  from  general  taxation,  except  as  above  provided,  to- 
gether with  the  proceeds  of  such  assessment,  when  collected,  shall  be  set  aside 
in  the  City  Treasury  and  be  preserved  as  a  fund  from  which  the  current  cost 
of  such  sprinkling  may  be  paid  in  advance  of  the  collection  of  the  annual  as- 
sessments therefor. 

"The  Commissioner  of  Public  Works  may,  with  the  approval  of  the  Com- 
mon Council,  employ  such  clerical  assistance  as  shall  be  necessary  to  enable 
him  to  prepare  said  assessment  roll  for  delivery  to  the  County  Auditor,  the 
expense  thereof  to  be  paid  from  the  Sprinkling  Fund. 

"The  power  conferred  under  subdivision  two  (2)  of  this  title  shall  not 
be  exercised  unless  the  Common  Council  shall  by  a  two-thirds  vote  of  each 
body,  decide  to  proceed  thereunder." 

TITLE  7. 
Excavations  in  Streets. 

344.  Rules  and  regulations — Licenses. — Section  1.  The  commissioner  of 
public  works  shall,  subject  to  the  authority  of  the  common  council,  prescribe 
reasonable  rules,  regulations  and  conditions  for  tapping  and  making  connec- 
tion with  sewer,  gas,  water  or  steam  pipes  or  mains,  and  all  other  under- 
ground conduits,  subwaj's  or  works  lawfully  maintained  within  or  imder  any 
of  the  streets,  alleys  or  public  grounds  of  the  city,  and  for  the  protection 
and  maintenance  thereof,  and  for  excavating  v/ithin  or  under  any  such  streets, 
alleys  or  public  grounds,  or  removing  or  disturbing  any  part  of  the  surface 
thereof.  Said  commissioner  shall  also  have  power  to  grant  licenses  for  any 
such  purpose,  upon  the  payment  of  such  fees  and  under  such  penalties  for  a 
violation  thereof  as  the  common  council  inay  by  ordinance  prescribe. 

345.  Bond  for  license. — Sec.  2.  It  shall  be  unlawful  for  any  person,  part- 
nership or  corporation  to  do  any  of  the  work  or  make  any  of  the  improve- 
ments mentioned  in  the  next  preceding  section  without  first  having  obtained 
a  license  therefor  from  said  commissioner  of  public  works,  and  no  such  license 
shall  ever  be  granted  except  upon  written  application  first  made  therefor. 
Such  application  shall  be  acompanied  by  a  bond  in  the  sum  of  at  least  five 
thousand  (5,000)  dollars,  executed  by  such  applicant  to  the  City  of  St.  Paul, 
with  two  or  more  responsible  individuals  as  sureties,  or  such  surety  shall  be 
a  corporation  authorized  by  its  charter  to  guarantee  the  performance  of  the 
terms  and  conditions  of  said  bond,  which  bond  shall  be  approved  by  the  said 
commissioner  and  the  corporation  attorney  of  said  city,  and  filed  with  said 
commissioner,  and  shall  be  conditioned  that  said  work  or  improvement  for 
which  the  license  is  desired  shall  be  made  and  done  in  accordance  with  the 
provisions  of  such  license  and  the  rules,  regulations  and  conditions  prescribed 
by  said  commissioner;  and  also  further  conditioned  to  protect  and  save  the 
city  harmless  from  and  against  any  and  all  liability,  damages  and  expense 
which  said  city  may  sustain  by  reason  of  the  granting  of  such  license  or  the 
making  or  doing  of  Such  improvement  or  work;  provided,  however,  that  this 
section  shall  not  apply  to  any  improvement  or  work  made  or  done  by  said 
citj^  or  any  of  its  officers  or  departments. 

346.  Regulations  concerning  licenses. — Sec.  3.  All  licenses  granted  by 
said  commissioner  under  any  of  the  provisions  of  this  title  shall  contain  the 
name  of  the  licensee,  a  description  of  the  locality,  purpose  and  extent  of  the 
proposed   work  or  improvement,   a   limitation   of   time   for   which    such   license 


EXCAVATIONS  IN  STREETS. 


89 


shall  be  operative,  and  such  further  terms  and  conditions  as,  in  the  opmion  of 
the  said  commissioner,  the  public  interests  may  require.  And  whenever  any 
such  proposed  improvement  or  work  shall  require  the  opening  up,  removal 
or  other  displacement  of  any  part  of  the  surface  of  any  macadamized  or  paved 
street,  alley  or  public  gruund,  said  commissioner  shall,  before  granting  such 
license,  make  an  estimate  of  the  expense  thereof  and  of  restoring  such  macad- 
amized or  paved  street,  alley  or  public  grounds  to  the  previous  good  con- 
dition thereof.  And  before  issuing  any  license  in  such  case  said  commissioner 
may,  in  his  discretion,  require  such  applicant  to  deposit  with  him  a  sum  of 
money  or  check  payable  to  the  order  of  said  city,  and  duly  certified  by  a 
solvent  St.  Paul  bank,  in  an  amount  equal  to  said  commissioner's  estimate 
of  the  expense  of  such  work,  which  amount  shall  in  such  case  be  specified  in 
such  license.  And  such  money  or  check  shall  forthwith  be  deposited  by  said 
commissioner  with  the  city  treasurer,  and  shall  be  retained  by  said  city  as 
security  for  the  faithful  compliance  on  the  part  of  such  licensee  with  the  rules, 
regulations  and  conditions  of  said  commissioner  and  all  the  provisions  of  this 
title  and  the  terms  and  conditions  of  his  license,  and  such  deposit  shall  be 
in  lieu  of  a  similar  condition  in  such  licensee's  bond. 

347.  Licenses  may  be  revoked  or  denied. — Sec.  4.  Any  such  license  men- 
tioned in  the  last  preceding  sections  shall  be  revocable  at  any  time  by  said 
commissioner  of  public  works  or  by  resolution  of  the  common  council,  for 
failure  on  the  part  of  the  grantee  thereof  to  fulfill  or  comply  with  any  of  the 
terms  or  conditions  thereof.  And  it  shall  be  unlawful  for  any  person,  part- 
nership or  corporation  to  open  up  or  otherwise  remove  or  displace  any  part 
of  the  surface  of  any  macadamized  or  paved  street,  alley,  or  public  grounds, 
except  pursuant  to  and  in  conformity  with  such  license;  provided,  however, 
that  said  commissioner,  under  and  pursuant  to  the  authority  of  the  common 
council  first  vested  in  him,  maj'  refuse  to  issue  any  such  license  and  may  cause 
such  work  to  be  done  under  his  personal  supervision,  by  day's  labor  or  pursu- 
ant to  contract  awarded  in  the  manner  prescribed  by  this  charter  in  the  case 
of  other  local  improvements,  as  nearly  as  practicable,  in  which  case  the  ex- 
pense of  such  work  shall  be  defrayed  out  of  the  money  or  check  which  such 
applicant  shall  be  required  to  previously  deposit  for  such  purpose,  as  afore- 
said. 

348.  Restoration  of  surface  of  street. — Sec.  5.  Upon  the  completion  of 
any  such  work  or  improvement  mentioned  in  the  four  last  preceding  sections, 
to  the  satisfaction  of  said  commissioner,  and  the  restoration  of  any  such  ma- 
cadamized or  paved  street,  alley  or  public  grounds  to  the  previous  good  con- 
dition thereof,  the  money  or  check  so  deposited  as  aforesaid  shall  be  returned 
to  such  licensee  by  resolution  of  the  common  council  passed  pursuant  to  the 
recommendation  of  said  commissioner.  But  if  such  work  should  not  be  com- 
pleted by  such  licensee  under  and  in  pursuance  of  the  terms  and  conditions 
of  his  license  and  the  provisioins  of  the  last  four  sections,  on  account  of  the 
revocation  of  such  license-  or  the  refusal  of  such  licensee  to  comply  therewith, 
or  for  any  other  cause,  then  said  commissioner  shall  have  full  power  and 
shall  proceed  forthwith  to  complete  such  work  and  to  restore  the  macadam 
surface  or  pavement  thereby  opened  up,  removed  or  displaced  to  its  previous 
good  condition,  and  to  defray  the  expense  thereof  out  of  such  money  or  check 
so  deposited  with  him  as  aforesaid;  and  such  licensee  shall  in  such  case  be 
entitled  to  a  return  of  only  such  balance  thereof,  if  any,  which  shall  remain 
unexpended  after  the  completion  of  such  work  and  the  restoration  of  such 
pavement  as  aforesaid.  In  the  event  that  said  commissioner  shall  have  ac- 
cepted a  bond  in  such  case  in  lieu  of  a  sum  of  money  or  check,  it  shall  be  the 
duty  of  the  corporation  attorney,  upon  the  completion  of  such  work  and  the 
restoration  of  such  pavement  by  said  commissioner  to  forthwith  proceed  to 
collect  the  expense  thereof  from  such  licensee  and  his  sureties  and  pay  the 
same  into  the  general  fund  of  said  city,  out  of  which  such  expense  shall 
temporarily  be  defrayed  in  such  case. 


90  CHy\RTER  OF  CITY  OF  ST.  PAUL. 

CHAPTER     VII. 

Police   Department. 

I. 

Organization. 

349.  How  constituted — Tenure. — Section  1.  The  police  department  of  the 
City  of  St.  Paul  shall  consist  of  a  board  of  police,  a  chief  of  police,  a  police 
force  and  such  clerks  and  employes  as  shall  be  necessary  to  carry  into  effect 
the  provisions  of  this  chapter. 

Sec.  2.  Except  as  in  this  chapter  otherwise  provided,  all  members  of  said 
police  department  shall  hold  oHice  during  the  pleasure  of  said  board. 

II. 

Board  of  Police. 

350.  Appointment,  qualifications,  compensation. — Section  1.  The  admin- 
istration, management  and  control  of  said  police  department  shall  be  vested 
in  a  board  of  police,  consisting  of  five  police  commissioners,  who  shall  be 
appointed  by  the  mayor,  and  shall  serve  without  compensation.  No  person 
shall  be  appointed  such  police  commissioner  who  shall  not  have  been  a  free- 
holder and  elector  of  said  city  for  at  least  one  (1)  year  next  preceding  his 
appointment,  and  no  such  police  commissioner  shall  hold  any  other  office  un- 
der the  government  of  said  city,  during  his  term  of  office. 

351.  Term. — Sec.  2.  The  term  of  office  of  said  police  commissioners 
shall  be  five  (5)  years  and  until  their  respective  successors  are  appointed  and 
qualified.  Provided,  however,  that  the  first  board  of  police  commissioners 
shall  be  appointed  not  earlier  than  forty  days  nor  later  than  sixty  days  after 
this  charter  shall  have  been  adopted,  and  shall  hold  office  respectively  for  the 
term  of  one  (l),  two  (2),  three  (3),  four  (4)  and  five  (5)  years,  as  the  mayor 
shall  designate  when  making  said  appointments,  and  until  their  respective  suc- 
cesors  are  appointed  and  qualified;  provided,  further,  that  until  the  appoint- 
ment and  qualification  of  the  first  board  of  police  herein  provided  for,  all 
the  powers  and  duties  of  the  said  board  shall  be  exercised  and  performed 
by  the  mayor  of  said  city,,  except  that  all  appointments  to  and  removals  from 
the  police  force  made  by  said  mayor  during  said  period  shall  be  subject  to 
confirmation  by  the  common  council. 

352.  Vacancies. — Sec.  3.  Whenever  any  vacancy  shall  occur  upon  said 
board  of  police,  the  mayor  shall,  as  soon  as  practicable  thereafter,  appoint  a 
person  of  like  qualifications  as  aforesaid,  to  serve  during  the  unexpired  term 
of  the  office  thus  left  vacant,  and  until  a  successor  shall  be  appointed  and 
qualified. 

353.  Oath. — Sec.  4.  Each  commissioner  shall  qualify  by  taking  and  sub- 
scribing the  oath  prescribed  by  the  General  Statutes  of  Minnesota  for  other 
than  judicial  officers,  and  by  filing  the  same  in  the  office  of  the  city  comp- 
troller within  ten  (10)  days  after  notice  of  his  appointment.  And  failure  so 
to  qualify  within  said  time,  shall  be  construed  as  a  refusal  to  accept  such 
appointment. 

354.  Officers. — Sec.  5.  Said  board  shall  elect  of  their  number  a  president 
and  vice  president,  and  a  secretary  not  a  member  thereof,  whose  respective 
terms  of  office  and  duties  shall  be  prescribed  by  the  by-laws  of  said  board. 
Only  said  secretary  shall  be  compensated  for  his  services,  in  an  amount  to 
be  fixed  by  said  board.  The  treasurer  and  comptroller  of  said  city  shall  re- 
spectively be  ex  officio  treasurer  and  comiitrollcr.  of  said  board. 


POWERS  AND  DUTIES  OF  POLICE  BOARD.  91 

355.  Detailed  accounts — Contracts. — Sec.  6.  The  secretary  of  said  police 
board  shall  under  its  direction,  at  all  times  keep  accurate  and  detailed  accounts 
of  the  afifairs  and  finances  of  said  police  department,  the  number  of  prison- 
ers arrested,  convicted  and  discharged,  and  the  number  of  officers,  employes 
and  members  of  said  department,  and  shall  keep  separate  accounts  as  afore- 
said for  each  of  the  police  stations,  substations,  districts  or  precincts  now 
existing  or  hereafter  created  by  said  board. 

The  said  treasurer  shall  receive  all  moneys  paid  into  the  city  treasury  by 
said  police  board,  and  shall  keep  accurate  and  detailed  accounts  thereof,  in 
such  manner  as  to  show  at  all  times  the  exact  financial  condition  of  said  po- 
lice department 

The  said  comptroller  shall  keep  accurate  and  detailed  accounts  of  all 
receipts  and  expenditures  of  said  board.  He  shall  countersign  all  contracts 
and  all  warrants  or  orders  drawn  upon  said  treasurer  by  authority  of  said 
board,  all  of  which  shall  first  be  signed  by  the  president  and  secretary  of 
said  board.  Said  comptroller  shall  also  keep  an  account  with  said  treasurer 
of  all  the  finances  of  said  board. 

All  contracts  of  said  police  board  exceeding  two  hundred  (200)  dollars 
in  amount,  except  for  wages  or  salaries,  shall  be  in  duplicate,  and  one  copy 
thereof  shall  be  filed  in  the  office  of  said  comptroller. 

356.  Quorum. — Sec.  7.  A  majority  of  said  board  shall  constitute  a  quor- 
um to  transact  business,  except  that  all  expenditures  of  money  shall  be  auth- 
orized only  by  a  vote  of  four-fifths  (4-5)  of  all  members  of  said  board. 

357.  Park  police. — Sec.  8.  Nothing  in  this  chapter  contained  shall  give 
said  board  of  police  commissioners  jurisdiction  over  such  police  force  as  the 
board  of  park  commissioners  of  said  city  inay  at  any  time  lawfully  organize 
or  maintain;  but  jurisdiction  over  such  park  police  shall  remain  where  the 
same  is  now  or  may  hereafter  be  vested  by  law. 

III. 
Powers  and  Duties  of  Police  Board. 

358.  General  powers  and  duties. — Section  1.  The  said  board  of  police 
shall  have  power: 

1.  To  appoint,  promote,  suspend, disrate,  reprimand,  dismiss  or  other- 
wise punish  any  member  of  said  police  department  m  the  manner  hereinafter 
provided,  and  to  require  a  bond  from  any  member  of  said  department  and 
prescribe  the  conditions  thereof. 

2.  To  establish,  promulgate,  alter  and  repeal  by-laws  not  inconsistent 
with  the  constitution  and  laws  of  this  state  and  the  provisions  of  this  chai"- 
ter,  for  its  own  government  and  reasonable  orders,  rules  and  regulations  for 
the  government,  administration,  discii)line,  equipment  and  uniforming  of  the 
said  police  force  and  department,  and  to  prescribe  and  impose  penalties  for 
the  violation  thereof. 

3.  To  acquire,  maintain,  control,  manage  and  alienate  or  otherwise  dis- 
pose of  all  personal  property  of  said  city  now  or  hereafter  pertaining  to  said 
police  department,  subject  to  law  and  limitation  of  this  charter. 

4.  To  provide  for  the  destruction  or  other  disposition  of  all  such  prop- 
erty coming  into  the  custody  of  said  department  as  shall  consist  of  weapons, 
implements,  apparatus  or  any  other  articles  which  have  been  used  in  the 
commission  of  crime;  and  provide  for  the  care,  restitution  or  sale  at  public 
auction  of  all  unclaimed  property  that  maj'  cnme  into  its  possession,  subject 
to  the  provisions  of  this  chapter. 

5.  To  fix  the  compensation  of  all  members  of  said  department,  except 
the  chief  of  police,  and  otherwise  to  manage  and  control  its  receipts  and  dis- 
bursements and  expenditures  in  furtherance  of  the  efficient  and  economical 
administration  of  said  department.  Provided,  however,  that  the  expense  of 
said  police  department  shall  not  in  any  fiscal  year  exceed  the  amount  of 
money   appropriated   and    set    apart    therefor    In'    the   cnmmon    cmmcil    of   said 


92  CHARTER  OF  CITY  OF  ST.  PAUL. 

city;  and  said  common  council  shall  by  ordinance  and  within  the  limitations 
of  this  charter  have  the  power  to  iix,  as  one  item,  the  aggregate  amount  of 
money  to  be  expended  in  any  fiscal  year  for  the  wages  and  salaries  of^all 
members  of  said  police  department,  other  than  the  chief  of  police;  but  it 
shall  have  no  power  to  increase  the  same  or  to  fix  the  compensation  or  wages 
to  be  paid  to  any  particular  member  or  class  of  members  of  said  police  de- 
partment, the  said  police  board  in  these  respects  having  exclusive  control. 

6.  To  appoint,  in  its  discretion,  upon  the  petition  of  any  person,  firm 
or  corporation,  or  in  case  of  emergency  or  apprehension  of  riot,  insurrection 
or  pestilence,  special  policemen  and  watchmen,  who  shall  serve  without  com- 
pensation during  the  pleasure  of  said  board,  and  shall  have  all  the  authority 
conferred  upon  policemen  in  the  regular  service  of  said  department,  and  shall 
be  subject  to  all  the  orders,  rules  and  regulations  prescribed  therefor  by  said 
board. 

7.  To  summon  and  compel  the  attendance  of  witnesses:  to  examine  them 
under  oath;  to  require  and  procure  allidavits  or  other  competent  evidence  for 
use  at  any  hearing  or  proceeding  had  pursuant  to  this  chapter  or  the  orders, 
rules  and  regulations  of  said  board.  And  each  of  said  police  commissioners 
shall  have  power  to  administer  oaths  and  affirmations  in  all  matters  relating 
to  said  police  department. 

8.  To  establish,  equip  and  maintain,  from  time  to  time,  in  conformity 
with  the  appropriations  made  therefor  by  the  common  council  of  said  city, 
police  districts,  precincts,  stations  and  substations,  at  such  locations  and  in 
such  manner  as  the  exigencies  of  said  police  department,  in  the  judgment  of 
said  board,  may  require. 

9.  To  establish,  equip,  maintain  and  operate  an  electrical  police  alarm 
and  signal  system  within  the  apprfipriations  made  therefor  by  the  said  com- 
mon council. 

10.  To  prevent  and  abate  public  nuisances. 

359.  Municipal  court  officers. — Sec.  2.  All  the  powers  and  duties  con- 
ferred and  imposed  upon  the  mayor  and  the  police  force  of  said  city  by  sec- 
tion forty-seven  (47)  of  chapter  twenty  (20)  of  this  charter,  relating  to  the 
municipal  court,  are  hereby  conferred  and  imposed  upon  said  police  board 
and  the  police  force  in  this  chapter  provided  for. 

360.  Proceedings,  rules,  etc.,  certified  copies. — Sec.  3.  Said  board  shall 
keep  full  and  accurate  minutes  of  its  proceedings,  and  a  copy  of  the  same,  or 
of  any  part  thereof,  or  of  the  orders,  rules  and  regulations  of  said  board, 
certified  to  be  correct  by  the  president  or  secretary  of  said  board,  may  be 
given  in  evidence  at  any  trial  or  other  proceeding  before  an}'  court  or  other 
tribunal  with  the  same  force  and  etifect  as  the  original. 

361.  License  inspector — Pound  master — Weights  and  measures. — Sec.  4. 
It  shall  be  the  duty  of  said  board  of  police  to  enforce  all  laws  and  ordi- 
nances in  said  c-ityi  relative  to  the  inspection  and  sealing  of  weights  and  meas- 
ures, the  impounding  of  animals,  and  the  regulation,  licensing  and  destruction 
of  dogs,  and  for  such  purposes  to  detail  at  and  during  such  time  as  may  seem 
advjisable  to  said  board,  one  or  more  members  of  said  police  force  to  dis- 
charge the  duties  prescribed  by  this  charter  and  the  laws  and  ordinances  of 
said  citj'  relative  thereto.  But  no  additional  compensation  shall  be  paid  there- 
for to  the  person  or  persons  so  detailed.  And  said  board  shall  further  detail 
at  and  during  such  time  as  it  shall  deem  advisable  a  member  of  said  police 
force  as  license  inspector,  who  shall  collect  and  enforce  the  payment  of  all 
license  mone5'-s  payable  to  said  city  under  the  laws  of  this  state  and  the  char- 
ter and  ordinances  of  said  city,  except  as  otherwise  provided  by  law. 

362.  Reports  to  council. — Sec.  5.  The  said  board  of  police  shall  make 
to  said  common  council  semi-annually  a  detailed  report  of  its  affairs  and 
finances,  and  an  annual  report  thereof  at  the  close  of  each  year;  and  shall, 
whenever  required  by  said  common  council,  submit  thereto  for  examination 
any  and  all  of  its  books,  files  and  records,  and  furnish  other  needful  informa- 
tion and  estimates  as  to  the  receipts,  expenditures  and  affairs  of  said  police 
department. 


THE   POLICE   FORCE.  93 

IV. 
Chief  of  Police. 

363.  Appointment  and  term — Assistant  chief  and  clerk. — Section  1.     The 

cliief  of  police  shall  he  appointed  by  said  police  board  and  hold  office,  during 
good  behavior,  for  the  term  of  two  (2)  years.  He  may  be  removed  by  said 
board  for  misconduct,  in  the  manner  hereinafter  provided.  Some  competent 
member  of  said  department  shall  be  designated  by  said  board  to  be  in  attend- 
ance at  the  chief's  office  during  his  temporary  absence  or  disability,  and  in 
his  stead,  at  all  hours  of  the  day  and  night.  He  may  detail  at  his  pleasure, 
a  member  of  said  department  as  his  clerk.  During  his  term  said  chief  of 
police  shall  devote  his  entire  time  and  attention  to  his  duties  and  shall  hold 
no  other  office  under  the  government  of  said  City. 

364.  Powers  and  duties. — Sec.  2.  The  chief  of  police  shall  be  the  chief 
executive  officer  of  said  department,  subject  ta  the  authority  of  said  police 
board;  he  shall  have  control,  management  and  direction  of  all  members  of 
said  police  department,  w^ith  full  power  to  detail  any  of  them  to  such  public 
service  as  he  may  direct.  He  shall  maintain  and  enforce  law  and  rigid  dis- 
cipline and  execute  the  orders,  rules  and  regulations  of  said  board.  He  shall 
have  control  of  the  prisoners  and  property  of  said  department,  subject  to  the 
authority  of  said  board,  and  shall  be  responsible  for  the  prompt  execution  and 
service  of  the  orders  and  process  of  the  municipal  court,  and  such  other 
orders  and  process  as  he  may  lawfully  be  required  to  serve  or  execute. 

365.  Suspensions. — Sec.  3.  The  chief  of  police  may  temporarily  suspend 
without  pay  any  member  of  said  police  force,  without  any  hearing,  in  which 
case  he  shall  forthwith  report  such  suspension  to  said  police  board  with  the 
reasons  therefor  in  writing.  But  no  such  suspension  shall  continue  for  more 
that  ten  (10)  days  without  the  affirmative  decision  of  said  board,  and  if  said 
.board  shall  not  approve  such  suspension  the  suspended  person  shall  be  en- 
titled to  full  pay  during  the  period  of  such  suspension. 

366.  Contingent  fund. — Sec.  4.  The  said  board  of  police  may  provide  a 
contingent  fund  out  of  the  money  appropriated  for  said  department  in  any 
fiscal  year  to  be  expended  by  said  chief  of  police  under  its  directions  rules 
and  regulations. 

V. 

Police  Force. 

367.  How  constituted. — Section  I.  The  police  force  of  said  city,  in  ad- 
dition to  said  chief  of  pc^lice  and  until  otherwise  provided  for  by  said  board, 
shall  consist  of  one  chief  of  detectives  and  such  a  number  of  captains  not  ex- 
ceeding four,  lieutenants  not  exceeding  seven,  sergeants  not  exceeding  ten, 
a  jailor,  matron,  superintendent  of  police  alarm  and  signal  system,  and  as 
manj'  policemen,  patrolmen,  detectives,  watchmen  and  other  employes  as, 
in  the  judgment  o*"  said  board,  will  be  required  for  the  efficient  and  economical 
administration  of  said  police  department.  Provided,  however,  that  the  ag- 
gregate salaries  and  wages  of  such  police  force  shall  not,  in  any  fiscal  year, 
together  with  all  other  expenses  of  said  police  department,  exceed  the  amount 
appropriated  therefor  by  the  common  council  under  the  limitations  prescribed 
by  this  charter. 

368.  Eligibility. — Sec.  2.  No  person  shall  be  eligible  to  appointment  as 
a  police  officer,  policeman  or  patrolman  who  is  not  a  citizen  of  the  United 
States  or  under  the  age  of  thirty-five  (35)  years,  able  to  read  and  write  the 
English  language,  a  resident  of  the  City  of  St.  Paul  for  at  least  two  years 
preceding  his  appointment,  and  who  is  not  of  good  health  and  physique,  the 
standard  of  admission  into  the  army  of  the  United  States,  as  established  by 
examination,  to  govern  in  this  particular. 


94  •  CHARTER  OF  CITY  OF  ST.  PAUL. 

369.  Detective  force. — Sec.  3.  The  detective  force  of  said  city  shall  be 
under  the  immediate  aiitliority  and  control  of  the  chief  of  police. 

370.  Powers  of  police  officers — Fees. — Sec.  4.  The  chief  of  police  and 
all  police  officers  or  members  of  the  police  force  subordinate  to  him  shall  pos- 
sess the  powder  of  constables  at  common  law,  and  by  the  statute  law  of  this 
state,  they  shall  execute  and  serve  all  warrants,  process,  commitments,  and  all 
writs  wherever  issued  by  the  municipal  court  or  any  judge  thereof,  for  any 
violation  of  the  laws  of  this  state,  or  of  the  ordinances  or  by-laws  ot  said 
city,  and  they  shall  have  power  to  pursue  and  arrest  any  person  fleeing  from 
justice  in  any  part  of  this  state;  and  when  performing  the  duties  of  con- 
stables for  any  violation  of  law  other  than  ordinances  of  said  city  shall  be 
entitled  to  the  fees  that  constables  receive  for  like  duties.  Provided,  that  no 
member  of  this  department  shall  go  outside  the  limits  of  said  city  in  pursuit 
of  any  offender,  or  to  execute  any  warrant  or  process,  except  in  the  case  of 
offenses  committed  within  said  city. 

371.  Reports  on  public  lights,  sidewalks,  etc. — Sec.  5.  The  police  force 
shall  report  upon  the  condition  of  all  public  lights  maintained  in  said  city, 
and  of  all  sidewalks  and  cycle  paths  therein,  to  the  chief  of  police,  who  shall 
report  such  information  by  him  so  obtained  to  the  board  or  officer  of  said 
city  having  charge  thereof. 

372.  Orders  of  and  reports  to  commissioner  of  health. — Sec.  6.  It  shall 
be  the  duty  of  the  chief  of  police  to  cause  to  be  executed  all  orders  of  the 
commissioner  of  health,  so  far  as  they  may  relate  to  the  preservation  of  the 
nealth  of  the  city,  whenever  requested  to  do  so  by  the  commissioner  of 
health. 

It  shall  be  the  duty  of  every  policeman  in  the  City  of  St.  Paul  to  prompt- 
ly report  at  the  office  of  the  commissioner  of  health  any  violation  of  the  rules 
of  the  health  department  of  the  City  of  St.  Paul,  Minnesota,  that  may  become 
known  to  him  while  on  duty. 

373.  Reports  on  accidents. — Sec.  7.  Whenever  any  person  is  physically 
injured  or  any  property  is  injured  or  destroyed  by  an  accident  occurring  in 
or  upon  any  of  the  streets,  alleys,  or  other  public  places  with  the  City  of 
St.  Paul,  it  shall  be  the  duty  of  the  police  officer  in  charge  of  the  district  or 
precinct  wherein  such  accident  shall  have  happened,  and  also  of  any  detective 
who  may  be  detailed  by  the  proper  authority,  to  investigate  such  accident 
and  ascertain  the  name  and  residence  of  the  person  injured  or  owning  the 
property  injured  or  destroyed,  as  well  as  the  nature  of  the  accident  and  the 
names  and  residence  of  all  persons  having  knowledge  thereof,  and  to  make 
forthwith  a  report  of  the  same  to  the  chief  of  police,  who  shall  forthwith 
forward  such  report  to  the  corporation  attorney  of  said  city. 

VI. 

Promotions,   Suspensions,  Dismissals   and   Disratements. 

374.  Punishment  for  misconduct. — Section  1.  Any  member  of  said  police 
force  who  shall  be  guilty  of  misconduct  or  breach  of  duty  shall  be  liable  to 
be  punished  by  said  board  by  reprimand  or  by  temporary  suspension  without 
pay,  not  to  exceed  one  month,  or  by  fine  not  to  exceed  one  month's  salary 
or  by  reduction  in  rank,  or  by  dismissal  from  service. 

375.  Public  hearing. — Sec.  2.  Before  said  board  shall  punish  any  mem- 
ber of  said  police  force  by  dismissal  it  shall  notify  such  member  and  he  shall 
be  entitled  to  a  public  hearing  under  such  rules  and  regulations  as  the  board 
may  prescribe,  at  which  he  may  appear  personally  and  by  counsel  and  may 
require  said  board  to  hear  and  enforce  the  attendance  of  witnesses  in  his  own 
behalf. 


THE   POLICE   EORCE.  95 


VII. 

Miscellaneous  Provisions. 

376.  Peace  officers,  who  are — General  powers. — Section  1.  All  the  offi- 
cers, members  and  commissioners  of  this  department  and  all  the  councilmen 
of  the  city,  and  all  the  justices  of  the  peace  within  the  city  shall  be  officers 
of  the  peace,  and  may  command  the  peace,  suppress  in  a  summary  manner 
all  rioting  and  disorderly  behavior  within  the  limits  of  the  city,  and  for  such 
purpose  may  command  the  assistance  of  all  bystanders,  and,  if  necessary,  of 
all  citizens  and  miJitary  companies;  and  if  any  citizen,  bystander,  inilitary 
officer  or  private  shall  refuse  to  aid  in  maintaining  the  peace,  when  so  re- 
quired, every  such  person  shall  forfeit  and  pay  a  fine  of  fifty  dollars.  And 
in  cases  where  civil  power  may  be  required  to  suppress  riots  or  disorderly 
behavior,  the  officers  of  this  department,  if  any  such  are  present,  shall  direct 
the  proceedings,  and  if  no  such  officer  be  present  then  the  same  shall  be 
directed  by  the  superior  or  senior  officers  above  named,  not  members  of  this 
department,  who  may  be  present. 

377.  Rewards,  etc. — Sec.  2.  Any  member  of  the  police  department  who 
shall  accept  from  any  person  while  in  custody,  or  after  he  shall  have  been 
discharged,  or  from  any  of  his  friends,  or  any  other  person,  any  gratuity  or 
reward,  or  any  description  of  drink  or  who  shall  receive  from  any  person, 
without  the  written  permission  of  the  mayor,  any  reward  for  the  arrest  of  any 
thief,  or  recovery  of  any  goods  or  money  or  compensation  for  damages  sus- 
tained in  the  discharge  of  his  duty,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  subject  to  a  fine  of  not  less  than  five  nor  more  than  one  hundred 
(100)  dollars. 

378.  Stolen  or  lost  property. — Sec.  ?,.  That  where  stolen  or  lost  prop- 
erty of  any  kind  shall  come  into  the  hands  of  the  police  department  of  the 
City  of  St.  Paul,  and  not  be  identified,  claimed,  and  proven  to  belong  to  said 
claimant,  and  the  true  owner  is  unknown,  the  said  property  may  be  sold  by 
order  of  the  said  board,  after  ten  (10)  days'  notice  by  three  publications  in 
the  official  paper  of  the  City  of  St.  Paul,  and  the  proceeds  shall  be  placed  in 
the  city  treasury  to  the  credit  of  the  said  board  as  a  contingent  fund,  and 
subject  to  its  orders  for  police  purposes.  All  expenses  of  keeping,  storing, 
handling,  and  such  as  may  be  necessarily  incident  to  proper  care  of  any  such 
personal  property,  shall  be  first  paid  by  said  board,  or  under  its  orders,  and 
receipts  taken  therefor,  and  the  balance  only  paid  to  the  treasurer  on  due  re- 
ceipt therefor.  Provided,  that  no  such  personal  property  shall  ever  be  sold 
So  long  as  such  property  is  required  to  be  used  as  evidence  in  any  criminal 
or  civil  case,  except  it  is  done  on  order  of  court,  which  power  is  hereby  ex- 
pressly given  to  any  court  in  this  state  on  motion  and  on  proper  facts  shown 
to  said  court. 

379.  County  attorney,  detectives  for. — Sec.  4.  The  chief  of  police  of  the 
City  of  St.  i^aul  shall,  subject  to  the  direction  of  said  board,  from  time  to 
time,  whenever  requested  by  the  county  attorney  of  Ramsey  county,  detail 
any  one  of  the  detectives  of  said  city  named  by  said  county  attorney,  for 
such  aid  and, services  as  may  be  necessary  and  required  by  said  attorney  in 
anj'  criminal  case,  and  such  person  so  detailed  shall  be  paid  by  the  board  of 
county  commissioners  of  said  county  only  the  fees  of  a  constable  for  such 
services  and  mileage. 

380.  City  and  county  physician. — Sec.  5.  Tn  addition  to  the  other  duties 
of  the  city  and  county  physician  now  or  hereafter  prescribed  by  law,  he  shall 
examine  all  applicants  for  positions  in  the  police  department  and  be  obli.gcd 
to  examine  and  certify  as  to  tlie  disability  of  any  member  of  said  department 
when  application  is  made  by  anj'  member  for  leave  of  absence  on  that  ground. 


96  CHARTER  OF  CITY  OF  ST.  PAUL. 

381.  Temporary  provision. — Sec.  6.  All  officers,  employes  and  members 
of,  the  police  force  and  department  of  said  City  of  St.  Paul,  at  the  time  when 
this  charter  becomes  effective,  shall  continue  to  hold  their  several  offices  un- 
til removed  by  the  said  board;  and  all  orders,  rules  and  regulations  applicable 
to  said  police  force  and  department  and  in  force  at  said  time  shall  continue 
in  force  until  otherwise  provided  by  said  board. 


CHAPTER    VIIl. 

Fire   Department. 

382.  Organization. — Section  1.  There  shall  be  a  department  of  the  mu- 
nicipal government  of  the  City  of  St.  Paul  which  shall  be  known  as  the 
"Board  of  Fire  Commissioners,"  to  be  constituted  and  organized  as  herein- 
after provided. 

383.  Fire  commissioners — Qualifications — Term — Vacancies. — Sec.  2.  The 
board  of  fire  commissioners  shall  consist  of  five  reputable  freeholders  and 
qualified  electors  of  said  city,  none  of  whom  shall  be  members  of  the  common 
council  of  said  city,  or  hold  any  other  office  under  the  charter  or  ordinances 
of  said  city.  The  commissioners  now  in  office  shall  continue  in  office  and 
in  the  discharge  of  their  duties  under  the  provisions  of  this  chapter  during 
the  terms  for  which  they  were  appointed.  It  is  hereby  made  the  duty  of  the 
mayor  of  said  city,  at  the  expiration  of  the  terms  of  office  of  the  three  com- 
missioners whose  terms  expire  in  the  month  of  December,  1900,  to  appoint 
three  commissioners,  one  for  the  term  of  three  years,  one  for  the  term  of  four 
years,  and  one  for  the  term  of  five  years;  at  the  expiration  of  the  term  of 
office  of  the  commissioner  whose  term  expires  in  the  month  of  December, 
1901,  to  appoint  one  commissioner  for  the  term  of  five  years;  and  at  the  ex- 
piration of  the  term  of  office  of  the  commissioner  whose  term  expires  in  the 
month  of  December,  1902,  to  appoint  one  commissioner  for  the  term  or  five 
years;  upon  the  expiration  of  the  term  of  office  of  any  member  of  said  board 
the  mayor  shall  thereupon  appoint  his  successor,  who  shall  hold  his  office 
for  the  term  of  five  years,  and  all  the  members  of  said  board  so  appointed  un- 
der the  authority  of  this  charter  shall  .hold  their  office  until  their  successors 
are  appointed  and  qualified.  In  case  the  office  of  any  member  shall  become 
vacant  during  his  term  the  mayor  shall  appoint,  in  like  manner,  as  soon  as 
practicable  thereafter,  a  person  of  like  qualification  as  aforesaid  to  fill  said 
vacancy  during  said  unexpired  term,  and  until  a  successor  shall  be  appointed 
and  qualified. 

384.  Oath. — Sec.  3.  Each  person  so  appointed  a  member  of  said  board 
of  fire  commissioners  shall,  before  entering  upon  the  discharge  of  the  duties 
of  his  office,  take  and  subscribe  an  oath  to  the  effect  that  he  will  faithfully 
and  impartially  perform  the  duties  of  said  office  to  the  best  of  his  ability, 
which  oath  shall  be  filed  with  the  comptroller. 

385.  Powers  and  duties — Expenditures. — Sec.  4.  The  said  board  of  fire 
commissioners  shall  have  control  and  management  of  the  fire  department,  its 
officers  and  men  and  shall  prescribe  the  rules  for  its  discipline  and  govern- 
ment; and  the  said  board  of  fire  commissioners  shall  also  have  the  control 
and  management  of  the  public  property  now  pertaining  to  the  fire  department 
of  said  city,  and  that  shall  hereafter  pertain  to  the  said  department;  and  shall, 
from  time  to  time,  in  their  sound  discretion,  add  to,  .acquire,  and,  subject  to 
the  approval  of  the  common  council,  sell  or  dispose  of  said  property,  both 
real  and  personal,  as  the  exigencies  of  the  said  department,  not  inconsistent 
with  this  charter,  may  require;  and  shall  pay  over  to  the  city  treasurer  all 
moneys  that  may  come  to  their  hands.  The  said  board  of  fire  commissioners 
are  also  hereby  invested  with  all  the  discretionary  powers  necessary  to  the 
faithful  execution  of  the  provisions  of  this  chapter,  including  the  proper  selec- 


THE  FIRE  DEPARTMENT.  97 

tion  and  location  of  all  needful  buildiitgs  and  offices  and  the  complete  equip- 
ment of  the  several  companies  with  horses,  engines,  vehicles  and  other  appa- 
ratus and  by  a  four-fifths  (4-5)  vote  of  all  members  of  said  board  shall  pre- 
scribe, control  and  regulate  the  expenditures  of  every  kind  of  the  said  fire 
department;  provided,  nevertheless,  that  in  case  of  any  proposed  expenditure, 
not  including  repairs  and  supplies  for  the  ordinary  current  use  of  the  de- 
partment, the  same  shall  first  be  presented  by  said  board  to  the  common 
council  for  their  approval  of  the  same.  If  said  common  council  shall,  by 
resolution  adopted  by  a  two-thirds  (2-3)  vote  of  all  the  members  of  both 
branches  thereof,  approve  of  the  same,  it  shall  be  lawful  for  said  board  of 
fire  commissioners  to  incur  or  contract  such  expenditure;  otherwise  it  shall 
not  be  lawful  for  said  board  so  to  do. 

386.  Officers  of  board. — Sec.  5.  Said  board  shall  annually  elect  of  their 
number  a  president  and  vice  president,  and  shall  have  the  power  to  estab- 
lish by-laws,  rules  and  regulations  for  its  government.  Said  board  may  also, 
whenever  they  deem  it  advisable,  elect  a  secretary  to  keep  the  minutes  and 
books  of  said  board,  and  to  perform  such  other  duties  as  may  from  time  to 
time  be  required  of  him  by  said  board.  The  secretary  shall  hold  no  other 
appointment  or  position  under  said  board,  and  he  shall  hold  his  office  during 
the  pleasure  of  said  board. 

387.  Officers  of  department — Fire  alarm — Fire  warden — Electrical  inspec- 
tor.— Sec.  6.  For  the  operation  and  management  of  the  apparatus,  property 
and  appliances  for  the  extinguishment  of  fires  in  said  city,  the  said  board 
of  fire  commissioners  shall,  every  alternate  year,  appoint  one  chief  engineer, 
one  first  assistant  engineer,  one  second  assistant  engineer,  and  a  superintend- 
.ent  of  the  fire  alarm  telegraph  of  said  city,  each  of  whom  shall  serve  for  two 
years  unless  sooner  removed  bj^  said  board.  The  said  board  may  also  ap- 
point a  third  assistant  engineer  to  serve  such  term  and  for  such  compensa- 
tion as  said  board  may  prescribe,  such  compensation,  however,  not  to  exceed 
that  of  the  second  assistant,  as  fixed  in  Chapter  XVI  of  this  charter.  Said 
superintendent  of  the  fire  alarm  telegraph  shall  have  charge  and  control  of 
the  system  of  fire  alarm  and  the  apparatus  pertaining  to  the  same,  and  said 
board  may  employ  in  the  fire  alarm  service,  under  the  direction  of  said  sup- 
erintendent of  fire  alarm,  two  persons  as  linemen,  and  three  other  persons  as 
office  or  instrument  men,  and  may  employ  mechanics  in  the  blacksmith  and 
apparatus  repair  shops,  as  the  necessities  of  the  service  may  require,  and  shall 
prescribe  such  just  and  reasonable  compensation  for  the  services  of  said  sup- 
erintendent of  fire  alarm,  said  linemen,  said  office  or  instrument  men,  and 
said  mechanics,  as  said  board  may  deem  proper,  placing  such  employes  on  the 
regular  pay  roll  of  the  fire  department  for  payment.  The  chief  engineer  of 
the  fire  department  shall  be  ex  officio  fire  warden  of  said  city  and  shall  in 
person  or  by  his  assistant  perform  such  duties  as  are  or  may  be  imposed  upon 
him  as  such  fire  warden  by  ordinance  of  the  common  council  of  said  city,  but 
shall  receive  no  compensation  as  fire  warden  beyond  that  paid  him  as  chief 
engineer. 

The  chief  of  the  fire  department  of  the  City  of  St.  Paul  is  hereby  ex- 
officio  constituted  the  electrical  inspector  of  the  City  of  St.  Paul,  and  the 
board  of  fire  commissioners  is  hereby  empowered  to  appoint  a  suitable  person 
to  serve  as  an  assistant  electrical  inspector.  The  person  so  appointed  as  such 
assistant  shall  be  a  practical  expert  electrician,  and  shall  hold  office  for  two 
years  unless  sooner  removed  by  said  board,  and  shall  receive  as  compensation 
for  all.  the  services  to  be  perf(n-med  by  him  such  sum  as  shall  be  fixed  by 
said  board  of  fire  commissioners. 

The  assistant  electrical  inspector,  when  so  appointed,  shall  be  a  member 
of  the  fire  department  of  said  city.  The  electrical  inspector  shall  perform 
such  duties  as  may  be  prescribed  for  him  by  the  ordinances  of  said  city  now 
in  force  or  hereafter  enacted,  and  by  the  rules  and  regulations  of  the  board  of 
fire  commissioners,  and  the  assistant  electrical  inspector  shall  assist  the  elec- 
trical inspector  in   the  jiorformance  of  such   duties. 


98  CHARTER  OF  CITY  OF  ST.  PAUL. 


388.  Firemen — Appointment  and  removal — Additional  firemen. — Sec.  7. 
Said  board  of  fire  commissioners  shall  have  power  to  appoint  such  firemen, 
engineers,  driver,  hosemen  and  other  employes  for  the  management  and  oper- 
ation of  the  apparatus  of  the  said  department  for  the  extinguishment  of  fires 
in  said  city  as  is  reasonably  necessary  to  maintain  to  the  highest  state  of 
efficiency  the  said  fire  department,  and  all  property  and  equipments  thereof. 
The  persons  so  appointed,  including  the  chief  and  assistant  engineers  and  said 
superintendent  of  fire  alarm  telegraph,  shall  be  known  as  "firemen"  of  the 
City  of  St.  Paul,  and  shall  hold  tlieir  respective  places  and  appointments 
during  the  pleasure  of  said  board;  and  they  or  any  of  them,  whether  hereto- 
fore or  hereafter  appointed  may  be  removed  or  suspended  by  the  board  at 
any  time.  Provided,  that  no  removal  except  for  cause  shall  be  made  until 
after  the  person  to  be  removed  shall  have  received  thirty  days'  notice  that 
his  services  shall  be  no  longer  required  by  said  board.  And  provided  fur- 
ther, that  there  shall  be  at  no  time  a  greater  number  of  firemen  than  the 
number  in  actual  service  at  the  time  of  the  taking  effect  of  this  charter;  but 
the  common  council  of  said  city  may  from  time  to  time,  by  a  two-thirds  (2-3) 
vote  of  all  the  members  of  both  branches  thereof  direct  the  said  board  of 
fire  commissioners  to  increase  the  number  of  firemen  and  of  companies  of 
the  fire  department,  and  such  additional  companies  shall  in  all  respects  be 
organized  and  maintained  pursuant  to  the  provisions  of  this  charter. 

389.  Pay  of  fireman. — Sec.  8.  The  said  board  of  fire  commissioners  shall 
regulate  and  prescribe  the  sum  to  be  paid  to  the  firemen  and  the  other  em- 
ployes of  said  department,  except  as  in  this  charter  otherwise  provided. 

390.  Reports  to  council. — Sec.  9.  The  said  board  of  fire  commissioners 
shall,  when  requiredby  the  common  council,  report  to  them  the  condition  of 
the  department,  and  shall  in  the  month  of  January  in  each  year  report  in 
detail  to  said  common  council  the  receipts  and  expenditures  of  said  depart- 
ment for  the  next  preceding  year  ending  on  the  31st  day  of  December,  to- 
gether with  other  matters  pertaining  thereto  of  public  interest,  including  a 
complete  inventory  of  all  the  property  under  their  charge,  and  shall  also  ex- 
hibit a  particular  statement  of  all  fire  alarms  and  fires  which  have  occurred 
in  said  city  during  such  preceding  year,  together  with  the  cause  of  all  such 
fires,  as  far  as  the  same  shall  have  been  ascertained.  I't  shall  also  exhibit  a 
particular  statement  of  all  losses  caused  by  fire  and  of  all  insurance  thereon. 
It  shall  also  show  the  amount  of  hose  which  shall  have  been  used,  the  sources 
whence  the  supply  of  water  was  derived,  and  the  number  and  names  of  all 
companies  under  their  direction,  the  names  of  all  members  and  officers  of  such 
companies,  the  names  of  all  persons  in  the  employ  of  said  board  and  the  com- 
pensation paid  to  them,  and  a  statement  of  all  expenses  incurred  under  the 
direction  of  said  board  during  the  year,  and  shall  set  forth  such  other  infor- 
mation relating  to  the  fire  department  as  to  the  board  shall  seem  important. 

391.  Care  of  property. — Sec.  10.  It  shall  be  the  duty  of  said  board  of 
fire  commissioners  to  maintain  to  the  highest  state  of  efficiency  for  fire  de- 
partment purposes  all  the  property  and  equipments  thereof,  and  to  that  end 
shall  have  the  necessary  repairs  to  said  property  and  equipments  made 
promptly  and  without  delay,  as  in  tlie  opinion  of  said  board  such  repairs  shall 
be  required. 

392.  Publication  of  proceedings. — Sec.  II.  The  secretary  of  said  board 
of  fire  commissioners  shall  furnish  for  publication  in  the  official  paper  of 
said  city,  within  one  week  after  any  meeting  of  said  board,  a  correct  copy 
of  the  proceedings  of  said  board  at  such  meeting. 

393.  Suspensions  by  chief  engineer. — Sec.  13.  The  chief  engineer  shall 
have  authority  Id  susi)en(l  any  fireman  or  person  in  said  department,  acting 
under  him,  from  active  duty;  provided,  that  within  twenty-four  hours  after 
such    suspension    said    chief    shall    notify    tlie    president    of    said    board    of   fire 


THE  FT  RE  DEPARTMENT. 


99 


commissioners  of  such  suspension,  and  the  cause  thereof.  Such  notification 
shall  be  in  writing,  and  the  president  of  the  board,  if  sufficient  cause  be 
found,  shall  approve  such  suspension  and  issue  an  order  for  the  discharge  of 
such  person  so  suspended.  The  chief  engineer  shall  have  the  right  to  prefer 
charges  against  any  elective  officer,  and  the  charges  so  preferred  shall  be  act- 
ed upon  by  the  board  of  fire  commissioners. 

394.  Injured  firemen,  pay  of. — Substitutes. — Sec.  1.3.  The  said  board  f)f 
fire  commissioners  may  allow  to  firemen  injured  in  actual  service,  and  there- 
by rendered  incapable  of  performing  firemen's  duty,  full  pay  for  a  period  not 
exceeding  three  (3)  months,  and  half  pay  for  a  further  period  of  three  (3) 
months;  no  allowance  to  be  made  to  exceed  six  months  to  injured  firemen. 
Before  any  payment  shall  be  made  as  aforesaid,  the  person  injured  shall  exe- 
cute a  release  discharging  the  City  of  St.  Paul  from  all  claim  for  damages  on 
account  of  said  injury,  and  the  said  commissioners  may  employ  substitutes 
to  fill  the  places  of  such  injured  fireman,  and  allow  such  substitutes  so  em- 
ployed such  sum  as  said  board  may  prescribe,  not  exceeding  the  full  pay  of 
said  injured  firemen. 


(H AFTER   IX. 

Water    Department. 

395.  Water  board — Commissioners,  appointment,  term,  bond — Vacancies 
— Quorum. — Section  1.  There  is  hereby  confirmed  and  established  a  board 
of  water  commissioners,  which  shall  have  control  and  management  of  the 
water  works  system  of  the  City  of  St.  Paul.  Said  board  shall  consist  of  five 
(5)  commissioners,  who  shall  be  appointed  by  the  mayor  of  said  city,  and 
who  shall  serve  without  compensation,  and  who  shall  hold  office  for  a  term 
of  five  (5)  years  and  until  their  successors  are  appointed  and  qualified.  Pro- 
vided, however,  that  the  present  members  of  said  board  shall  hold  their 
respective  offices  until  the  expiration  of  the  terms  of  office  for  which  they 
were  appointed.  On  the  expiration  of  the  terms  of  the  two  (2)  present  mem- 
bers of  said  board  which  expire  on  the  first  day  of  January,  1901,  the  said 
mayor  shall  appoint  two  (2)  persons  to  be  members  of  said  board,  one  (1) 
for  a  term  of  four  (4)  years  and  one  (1)  for  a  term  of  five  (5)  years;  and 
thereafter,  and  upon  the  expiration  of  the  terms  of  office  of  the  three  (3) 
present  members  of  said  board,  which  expire  in  the  years  1902,  1903  and  1904, 
respectively,  said  mayor  shall  appoint  a  successor  to  each  of  said  members, 
who  shall  hold  his  office  for  a  term  of  five  (5)  years. 

All  vacancies,  by  resignation  or  otherwise,  shall  be  filled  by  the  mayor. 
The  said  board  of  water  commissioners  shall  elect  annually  one  (l)  of  their 
number  to  be  president  of  the  board,  and  one  (l)  of  their  number  to  be  vice 
president,  and  may  make  by-laws  and  regulations  for  their  government  not 
inconsistent  with  the  provisions  of  this  chapter. 

A  majority  of  said  board  shall  constitute  a  quorum,  and  all  contracts  and 
engagements,  acts  and  doings  of  the  said  board  within  the  scope  of  their  duty 
and  authority  shall  be  obligatory  upon  and  be  in  law  abiding  as  is  done  by  the 
common  council  of  said  city.  Each  member  of  said  board  shall,  before  enter- 
ing upon  the  discharge  of  his  official  duties,  take  and  subscribe  an  oath  of 
office  and  give  a  bond  in  the  sum  of  five  thousand  dollars  ($5,000)  to  tlie  City 
of  St.  Paul,  to  be  approved  by  the  common  council,  conditioned  that  he  will 
faithfully  and  honestly  discharge  the  duties  of  his  office  or  appointment;  and 
the  said  board  may  require  from  the  persons  employed  by  them,  official  bond 
for  the  faithful  discharge  of  their  duties;  said  bond  shall  be  approved  by  said 
board;  provided,  however,  that  the  bond  of  the  secretary  of  said  board  shall 
be  in  a  sum  of  at  least  ten  thousand  dollars  ($10,000). 

The  salary  and  compensation  of  all  officers  appointed  and  em])loycd  by 
said  board  shall  be  such  as  may  be  fixed,  from  time  to  time,  by  said  com- 
missioners, with  the  approval  of  the  common  council. 


100  CHARTER  OF  CITY  OF  ST.  PAUL. 

396.  May  sue  and  be  sued,  etc. — Employes. — Sec.  2.  Said  board  of  water 
commissioners  may  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered  unto,  appear  and  prosecute  unto  final  judgment  in  any  court  or  else- 
where in  the  name  of  said  board  of  water  commissioners,  have  a  common 
seal  and  alter  the  same  at  pleasure.  They  may  employ  all  proper  engineers, 
surveyors,  clerks  or  other  agents  or  assistants  necessary  or  convenient  for 
accomplishing  the  purposes  contemplated  by  this  chapter,  and  may  enter  upon 
any  land  or  water  for  the  purpose  of  making  surveys  and  examinations  for  the 
same.  They  may  prosecute  any  action  in  the  name  of  said  board  of  water 
commissioners  against  any  person  or  persons  for  money  due  for  the  use  of 
water,  for  the  breach  of  any  contract,  express  or  implied,  touching  the  execu- 
tion or  management  of  the  works  or  distribution  of  the  water,  or  of  any 
promise  or  contract  made  to  or  for  them;  and  also  for  any  injury  or  trespass 
or  nuisance  done  or  caused  or  procured  to  be  done  to  the  water  courses, 
pipes,  machinery,  or  any  other  apparatus  belonging  to  or  connected  with  any 
part  of  the  works,  or  for  any  improper  use,  or  waste  of  the  water. 

397.  Extensions — New  sources  of  supply — General  powers. — Sec.  3.  That 
the  said  board  of  water  commissioners  may  from  time  to  time,  for  the  pur- 
pose of  furnishing  a  full  supply  of  water  to  the  inhabitants  of  the  City  of  St. 
Paul,  extend  said  water  works,  or  make  new  lines  of  works,  and  as  it  shall 
from  time  to  time  so  extend  its  said  works  or  inake  new  lines  of  works,  it 
may  draw  water  from  any  lake  or  creek  by  means  of  pipes,  ditches,  drains, 
conduits,  aqueducts  or  other  means  of  conducting  water  so  as  to  connect  said 
lakes  or  creeks  with  its  said  works,  and  may  erect  and  construct  dams,  bulk- 
heads, gates  and  other  needed  structures  and  means  for  controlling  of  water 
and  its  protection,  and  in  general  to  do  any  other  act  necessary  or  conven- 
ient for  accomplishing  the  purpose  contemplated  by  this  chapter. 

398.  Method  of  procedure  in  extending  works. — Sec.  4.  Whenever  at 
any  time  said  board  shall  propose  to  extend  its  said  works  so  as  to  connect 
with  any  of  said  lakes  or  creeks,  or  to  divert  the  water  of  any  stream,  creek 
or  body  of  water,  it  shall  proceed  as  follows:  Said  board  shall  cause  to  be 
made  a  survey  of  the  line  along  which  it  shall  so  propose  to  extend  its  said 
works,  and  of  all  lands  or  other  property  to  be  affected  by  flowage,  drain- 
age or  otherwise,  and  for  that  purpose  it  may,  by  its  officers  and  agents  en- 
ter upon  any  lands  doing  no  unnecessary  damage  thereto.  After  such  sur- 
vey shall  have  been  made  and  such  line  located,  it  shall  cause  to  be  made  a 
map  showing  the  location  of  said  line  and  the  lands  necessary  to  be  taken 
for  such  extension,  and  of  lands  or  other  property  to  be  affected  by  flowage, 
drainage  or  otherwise.  Said  map  shall  be  acknowledged  by  the  surveyor  mak- 
ing the  same,  and  by  the  president  of  the  board  of  water  commissioners,  and 
shall  be  filed  as  a  record  in  the  office  of  the  register  of  deeds  of  the  proper 
county.  And  after  making  compensation  as  hereinafter  provided  to  the  own- 
ers of  or  persons  interested  in  the  lands  so  to  be  taken,  and  for  damages  by 
reason  of  diverting  the  water  of  any  stream,  creek  or  body  of  water,  said  city 
shall  have  an  easement  in  said  land  designated  on  said  map  for  all  the  pur- 
poses contemplated  in  this  chapter,  which  said  easement  shall  include  the 
right  of  passage  without  doing  unreasonable  damage  from  any  public  high- 
way to  and  from  the  land  included  or  covered  by  said  easement.  The  dam- 
age for  said  right  of  passage  shall  be  estimated  in  apportioning  tlie  amount 
of  damage  to  be  paid  for  such  easement. 

399.  Commissioners  to  assess  damages — Meetings — Report — Payment  of 
damages — Appeal — Costs. — Sec.  5.  Said  board  shall  make  application  to  the 
judge  of  the  district  court  of  the  county  wherein  the  lands  are  situate,  at 
chambers,  for  the  appointment  of  three  commissioners  to  assess  the  dam- 
age which  the  owners  of,  or  persons  interested  in,  the  lands  to  be  taken,  or 
any  other  person  may  sustain  by  reason  of  the  taking  of  such  lands,  or  of 
the  constructing,  use  and  operating  of  such  work.  Notice  of  such  application 
shall  be  given  by  publishing  the  same  in  a  newspaper  printed  in  the  county 
wherein  the  lands  are  situate  for  at  least  twenty  (20)   days  before  the  day  of 


THE  WATER  DEPARTMENT. 


101 


making  such  application,  which  notice  sliall  specify  the  time  and  place  where 
such  application  shall  be  made,  the  points  between  which  it  is  proposed  to 
extend  said  works,  and  state  the  date  of  filing  the  said  map.  At  the  time 
and  place  specified  in  said  notice  said  judge  shall,  upon  proof  to  his  satisfac- 
tion by  affidavit  of  the  due  publication  of  said  notice,  appoint  by  an  instru- 
ment under  his  hand,  three  commissioners  to  assess  said  damages.  Such  com- 
missioners shal'l  take  and  subscribe  an  oath  or  affirmation  that  they  will  faith- 
fully and  fully  examine  the  matter  in  question  and  make  a  true  report  there- 
on according  to  the  best  of  their  skill  and  understanding.  They  shall  ap- 
point a  time  and  place  of  meeting  for  the  purpose  of  making  such  examina- 
tion, and  give  notice  thereof  by  publishing  such  notice  in  a  newspaper  print- 
ed in  the  county  wherein  the  lands  are  situate,  at  least'  ten  (10)  days  before 
the  day  so  appointed.  On  the  day  so  appointed  they  shall  proceed  to  view 
the  lands  so  to  be  taken,  and  hear  any  evidence  as  to  the  damages  which  any 
person  niay  sustain  by  the  taking  of  the  same  or  by  the  construction,  use 
and  operating  of  the  works  of  the  city,  and  shall  continue  their  examination 
until  the  same  shall  be  completed.  They  shall  make  a  just  and  equitable  esti- 
mate of  such  damages  and  shall  make  and  file  in  the  office  of  the  clerk  of  said 
court  a  report  in  writing  signed  by  them,  or  any  two  (2)  of  them,  in  which 
they  shall  state  the  amount  which  said  board  shall  pay  to  such  persons  or 
corporations  who  may  sustain  any  damage  by  reason  of  their  taking  such 
lands  or  by  reason  of  the  construction,  use  or  operating  of  such  works.  Up- 
on said  report  being  filed  said  board  may  pay  to  the  clerk  of  said  court,  for 
the  use  of  the  persons  entitled  thereto,  the  several  amounts  so  awarded  by 
said  report,  and  thereupon  said  city  shall  have  and  hold  said  lands  and  rights 
for  the  purposes  aforesaid  and  said  board  may  proceed  to  construct,  use  and 
operate  thereon  said  works  and  extension  thereof.  Said  report  and  finding  of 
said  commissioners  shall  be  final  and  conclusive  as  against  all  persons  or  cor- 
porations who  shall  not  appeal  therefrom  within  thirty  (30)  days  after  the 
filing  of  said  report.  Any  person  or  corporation  interested  may  appeal  from 
said  report  and  findings  of  said  commissioners  within  the  time  aforesaid  to 
the  said  'district  court  by  filing  with  the  clerk  of  said  court  a  notice  of  appeal 
specifying  the  nature  of  his  or  its  claims  and  the  amount  thereof,  and  also 
by  filing  a  bond  in  the  sum  of  five  hundred  (500)  dollars  with  at  least  two 
(2)  sureties,  to  be  approved  by  the  court,  conditioned  for  the  payment  of 
the  judgments  and  of  any  costs  that  may  be  awarded  against  said  appellant. 
Said  board  may  likewise  appeal  within  the  time  aforesaid  upon  the  finding 
of  said  commissioners  in  favor  of  any  person  or  corporation  by  filing  with 
said  clerk  a  notice  of  such  appeal.  The  appeal  shall  be  entered  on  the  cal- 
endar for  the  succeeding  term  of  said  court  and  shall  be  tried  and  judgment 
therein  given  and  the  like  costs  allowed  as  in  actions  brought  in  said  court. 
If  the  said  board  appeals  and  the  same  or  greater  damages  be  recovered  than 
shall  have  been  awarded  by  the  commissioners  it  shall  be  liable  for  costs. 
If  any  other  person  or  corporation  be  the  appellant  and  do  not  recover  great- 
er damages  than  shall  have  been  awarded  by  the  commissioners,  such  appel- 
lant shall  be  liable  for  costs;  but  no  appeal  taken  shall  prevent  said  city 
having  and  holding  said  lands  as  aforesaid  or  said  board  from  entering  upon 
and  ])roccc(ling  to  construct,  use  and  operate  said  works  or  any  part  tlicreof. 

400.  Duties  of  clerk  of  court. — Sec.  6.  The  clerk  of  said  court  shall 
attach  together,  and  keep  on  file  in  his  ofifice,  the  said  notice  or  application, 
with  the  affidavit  cjf  publication  thereof,  the  appointment  of  said  commission- 
ers, their  oath  of  affirmation,  the  notice  given  by  them,  with  an  affidavit  of 
the  publication  thereof;  their  report,  the  notice  of  appeal  and  bond,  a  certi- 
fied copy  of  any  final  judgment  or  appeal  and  his  certificate  or  certificates  of 
the  payment  to  him  by  said  board  of  any  moneys  awarded  to  any  person  or 
corporation.  A  copy,  certified  by  said  clerk,  of  such  papers  may  be  recorded 
in  the  office  of  the  register  of  deeds  of  said  county,  and  the  papers  so  filed; 
said  record  or  a  certified  copy  of  either  shall  in  all  cases  be  received  as  evi- 
dence of  the  facts  therein  stated. 

401.  Possession  and   right   of  way — Injunctions. — Sec.   7.     'J'hal    whenever 


i02  CHARTER  OF  CITY  OF  ST.  PAUL. 

the  board  of  water  commissioners  file  their  maps,  as  required  by  section  four 
(4)  of  this  chapter,  the  board  shall  be  deemed  to  be  in  possession  of  the  lands 
and  right  of  way  as  presented  on  their  map  or  maps,  or  of  any  other  lands 
they  may  occupy  or  have  damaged  in  the  construction  or  operation  of  their 
works  for  the  purpose  of  introducing  and  supplying  the  City  of  St.  Paul  with 
pure  water,  either  by  flowage,  drainage  or  otherwise,  either  by  consent  of  the 
oWner  or  owners,  or  not,  of  the  land  used  or  occupied,  that  is  not  shown  on 
the  map  or  maps,  that  the  owner  or  owners  have  been  settled  with,  nor  the 
lands  paid  for  as  required  by  section  five  (5)  of  this  chapter.  No  injunction 
shall  be  maintained  against  the  board  of  water  commissioners,  restraining 
them  from  the  use  of  the  lands,  nor  any  action  to  recover  possession,  or  for 
damages  in  the  construction  or  operation  of  the  conduit  lines  on  the  right  of 
way  or  contiguous  thereto  as  represented  in  the  pleading  to  said  lands,  shall 
be  maintained,  except  as  provided  in  the  following  section: 

402.  Suits  for  recovery. — Sec.  S.  The  owner  or  owners  of  any  guch  land 
or  lands  may  maintain  a  suit  for  the  recovery  of  the  possession  of  lands  used 
by  the  board  of  water  coinmissioners,  for  the  value  thereof,  and  the  damage 
thereto  by  the  reason  of  taking  thereof  as  aforesaid,  either  by  flowage,  drain- 
age or  otherwise,  or  damage  of  any  kind. 

403.  Answer. — Sec.  9.  The  defendant,  the  board  of  water  commissioners, 
may,  by  answer,  admit  and  allege  the  taking  of  the  plaintiff's  land  for.  the 
use  of  the  board  of  water  commissioners,  for  the  purposes  of  introducing  wa- 
ter into  the  City  of  St.  Paul,  and  that  no  compensation  has  been  paid  there- 
for, and  that  the  defendant  is  ready  and  willing  to  pay  such  compensation 
upon  having  the  same  assessed  by  the  jury  trying  the  action,  provided  the 
plaintiff  on  the  trial  shall  establish  his  right  to  recover  the  land  in  question 
or  damages  thereto. 

404.  Verdict  for  damages. — Sec.  10.  In  all  such  actions  where  the  de- 
fendant by  answer  admits  and  pleads  as  hereinabove  specified  the  jury  shall 
try,  and  by  their  veridict  find  whatever  the  plaintiff  is  entitled  to  recover  for 
the  land  in  controversy,  and  if  so  entitled,  the  amount  of  compensation  to 
which  the  plaintiff  is  entitled  for  the  taking  and  perpetual  use  of  his  land  for 
the  purpose  here  specified;  provided,  that  when  it  appears  that  the  land  was 
5o  taken  or  appropriated,  by  and  with  the  consent  and  acquiescence  of  the 
owner,  such  owner  shall  not  be  entitled  to  recover  any  rents  or  profits  which 
accrued  prior  to  demand  for  compesation  for  such  land,  and  he  shall  be  lim- 
ited to  recovery  in  such  case  to  compensation  for  the  land  taken  and  damages. 

405.  Judgment  for  damages. — Sec.  11.  Upon  a  verdict  finding  the  plain- 
tiff is  entitled  to  recover  the  land  in  suit  and  the  compensation  due  him  for 
the  taking  and  perpetual  use  of  such  land,  judgment  shall  be  entered  in  sub- 
stance as  follovv's:  That  the  plaintiff  have  and  recover  from  the  defendant 
the  land  in  suit,  or,  in  lieu  thereof,  the  compensation  fixed  by  the  jury,  with 
costs  and  disbursements  and  reasonable  attorney's  fees,  to  be  fixed  by  the 
court;  on  the  expiration  of  ninety  (00)  days  after  the  entry  of  the  judgment 
aforesaid,  if  the  compensation,  costs,  disbursements  and  attorney's  fees  speci- 
fied in  the  judgment  are  not  paid,  then  a  writ  of  execution  shall  issue  for  the 
delivery  of  the  possession  of  the  land  described  in  the  judgment  to  the  plain- 
tiff, and  to  satisfy  the  judgment  as  to  costs,  disbursements  and  attorney's  fee 
out  of  any  property  of  the  defendants. 

406.  Infant  heirs,  lands  belonging  to. — Sec.  12.  Whenever  the  board 
of  water  commissioners  has  located  the  line  of  its  works  or  any  of  its  ap- 
purtenances, upon  a  crop,  or  over,  across  or  contiguous  to  any  lands  or  lots 
belonging  to  infant  heirs  or  other  wards  having  any  interest  therein,  it  shall 
be  lawful  for  the  guardian  of  such  heirs  or  wards  to  sell  and  convey  to  the 
City  of  St.  Paul,  upon  such  terms  as  may  be  agreed  upon  between  said  guard- 
ian and  said  board  of  water  commissioners,  such  portion  of  said  land  or  lots 
as  may  be  deemed  necessary  or  required  by  said  board,  and  the  right  of 
way  upon  and  across  the  same,  together  with  all   such   grounds  and   rights  as 


THE  WATI'R  DKPARTMF.XT.  103 

may  be  deemed  necessary  or  required  for  any  purpose  by  said  board  in  the 
discharge  of  their  duties,  as  herein  provided,  subject  only  to  the  approval  and 
confirmation  of  the  probate  court  of  the  county  having  jurisdiction  of  the 
matter  of  the  guardianship  of  such  heirs  or  wards,  such  approval  and  con- 
firmation shall  be  indorsed  upon  or  annexed  to  the  deed  or  other  instrument 
between  the  parties,  and  shall  be  recorded  with  and  as  part  of  such  deed  or 
instrument  in  the  office  of  the  register  of  deeds  in  the  proper  county,  and 
shall  be  notice  to  all  parties  interested  of  the  facts  therein  stated;  provided, 
that  before  granting  such  approval  and  confirmation  the  judge  of  the  probate 
shall  require  a  petition,  subscribed  and  verified  by  such  guardian  and  signed 
by  the  president  of  the  board  of  water  commissioners,  or  by  its  attorney,  to 
be  filed  in  such  probate  court,  setting  forth  the  names  of  such  heirs  or  wards, 
the  name  of  the  board  of  water  commissioners,  a  description  of  the  lands 
or  lots  to  be  conveyed,  the  terms  of  sale,  and  that  the  price  to  be  paid  is  the 
just  and  full  value  of  the  lands  or  lots  intended  to  be  conveyed  to  said  board, 
and  upon  the  filing  of  such  petition  the  judge  of  the  probate  court  shall  de- 
termine the  matter,  without  any  further  formality,  notice,  order  or  delay 
whatever. 

407.  Resurveys  and  relocations. — Sec.  13.  Said  board  is  hereby  author- 
ized ti)  resurvey  the  line  of  its  works  heretofore  or  hereafter  to  be  located, 
and  to  relocate  said  line  on  any  portion  thereof,  the  same  as  though  said 
line  had  not  heretofore  been  located.  Tn  case  of  making  such  new  survey  or 
relocation,  said  board  shall  proceed  in  the  same  manner  as  is  provided  in  sec- 
tions four  (4),  five  (5)  and  six  (6)  of  this  chapter,  and  all  the  provisions  of 
said  sections  shall  in  all  respects  be  applicable  to  the  proceedings  for  such 
resurvey  and  relocation,  and  the  effect  thereof,  and  of  constructing,  using  and 
operating  its  works  over  said  relocated  line.  It  may  join  its  proceedings  foi 
such  resurvey  and  relocation  with  ziuy  proceedings  for  extending  its  said 
works;  provided,  that  if  said  board  shall,  in  the  proceedings  heretofore  or 
hereafter  to  be  had  for  locating  its  said  line,  have  paid  into  the  said  clerk  the 
amount  awarded  to  any  person  by  the  commissioners  in  said  proceedings,  the 
amount  so  paid  in  shall  be  deemed  a  payment  to  such  person  upon  the 
amount  which  may  be  awarded  in  the  proceedings  hereby  authorized. 

408.  Wilful  damage,  penalty  for. — Sec.  14.  Any  person  who  shall  will- 
fully and  without  authority  from  said  board,  break,  remove  or  damage  any 
dam,  bulk-head,  gate,  gate-house,  conduit,  air  vent,  air  box,  cover,  main  pipe 
or  culvert,  or  fill  up,  or  partially  fill  up,  any  excavation,  or  raise  or  open  any 
gate,  break  down  or  force  open  any  doors  of  said  works  executed,  construct- 
ed and  maintained  for  the  purposes  specified  in  this  chapter,  shall,  on  con- 
viction thereof,  be  punished  by  imprisonment  in  the  state  prison  for  a  term 
of  not  more  than  ten  (10)  years,  nor  less  than  one   O)  year. 

409.  Unauthorized  use  of  water,  penalty. — Sec.  15.  Any  person  who 
shall  witliiiut  authority  from  said  board,  lay  any  main  or  service  pipe  or  take 
water  therefrom,  or  open  or  shut  any  service  cock  or  fire  hydrant,  or  remove 
or  unscrew,  wholly  or  partially,  the  cap  from  such  fire  hydrant,  or  enter  or 
form  any  connection  with  or  turn  water  into  any  tunnel  excavated  or  used 
by  said  board  for  the  purpose  of  laying  its  pipe,  or  who,  being  authorized  by 
said  board  to  take  water  from  any  main  or  service  pipe  into  any  specified 
building  or  upon  any  specified  premises,  or  to  be  used  for  any  specified  pur- 
pose, shall,  without  authority  from  said  board,  use  such  water  for  any  other 
than  such  specified  purpose  or  permit  any  other  person  to  use  the  same  for 
any  other  than  such  specified  purpose,  or  to  take  the  same  out  of  such  build- 
ing; and  such  other  person  so  using  or  taking  such  water,  or  who.  without 
lawful  authority,  shall  dig  or  excavate  within  six  (6)  feet  of  any  main  pipe, 
gate,  hydrant  or  blow-off  of  said  works^  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof,  be  punished  bj'  a  fine  of  not  more 
than  one  htmdred  (loO)  dollars  and  not  less  tlinn  twenty-five  (25)  dollars,  or 
by  imprisonment  in  thr  county  jail  for  a  urni  not  more  than  three  (:i) 
montlis.  nor  less  than  twenty  (20)  days,  or  by  bolh  such  line  and  imi)rison- 
ment. 


104  CHARTER  OF  CITY  OF  ST.  PAUL. 

410.  Willful  acts  to  divert  or  corrupt  water,  etc.,  penalty. — Sec.  16.  If 
any  person  or  persons  shall  maliciously  or  willfully  divert  the  water,  or  any 
portion  thereof,  from  the  said  works,  or  shall  corrupt  or  render  the  same  im- 
pure, or  shall  destroy  or  injure  any  canal,  aqueduct,  pipe,  conduit,  machinery, 
or  other  property  used  or  required  for  procuring  or  distributing  the  water, 
such  person  or  persons,  and  their  aiders  or  abettors,  shall  forfeit  to-  the  said 
board,  to  be  recovered  in  a  civil  action,  treble  the  amount  of  damages  (besides 
costs  of  suits),  which  shall  appear  on  trial  to  have  been  sustained;  and  all 
such  acts  are  hereby  declared  to  be  misdemeanors,  and  the  parties  found 
guilty  thereof  may  be  further  punished  by  a  fine  not  exceeding  one  thousand 
(1,000)  dollars  or  by  imprisonment  not  exceeding  one  (l)  year,  or  both,  at 
the  discretion  of  the  court. 

411.  Board  may  use  ground  under  streets,  roads,  railroads,  etc. — Sec. 
17.  The  said  board  in  behalf  of  the  City  of  St.  Paul,  and  all  persons  acting 
under  their  authority,  shall  have  the  right  to  use  the  grounds  or  soil  under 
any  road,  railroad,  highway,  street,  lane,  alley  or  court,  for  the  purpose  of 
constructing,  enlarging,  improving  or  repairing  the  works  contemplated  by 
this  chapter,  on  condition  that  they  shall  cause  the  surface  of  such  road,  rail- 
road, highway,  street,  lane,  alley  or  court  to  be  restored  to  its  original  state, 
and  all  damages  done  thereto  to  be  repaired. 

412.  Bonds  validated. — Sec.  18.  All  bonds  heretofore  issued  by  the 
said  city  for  the  purchase  of  the  franchises  and  property  of  the  St.  Paul 
Water  company  are  hereby  declared  to  be  legal  and  valid  bonds  of  the  City 
of  St.  Paul. 

413  Water  regulations  and  ,  rates — Hydrants,  etc. — Rates  a  continuing 
lien — Street  sprinkling  and  cleaning. — Sec.  1!).  That  said  board  shall  regulate 
the  distribution  and  use  of  the  water  in  all  places  and  for  all  purposes  where 
the  same  shall  be  required  for  either  public  or  private  use,  and  fix  the  price 
and  rates  therefor;  provided,  however,  that  in  the  case  of  the  fire  hydrants 
for  the  extinguishment  of  fires  and  public  fountains  and  watering  places,  the 
board  shall  fix  and  locate  the  same  as  the  common  council  of  said  city  may 
direct.  On  the  line  of  constructed  works,  when  practicable,  said  board  shall, 
from  time  to  time,  cause  to  be  assessed  the  water  rate  to  be  paid  by  the 
owner  or  occupant  of  any  house  or  other  building  having  or  using  water,  on 
the  basis  and  for  the  purposes  in  this  chapter  specified,  and  such  water  rates 
shall  become  a  continuing  lien,  until  paid,  upon  such  house  or-  other  build- 
ing, and  upon  the  lot  or  lots  upon  which  such  house  or  other  building  is  sit- 
uate. The  said  city  of  St.  Paul  shall  pay  out  of  the  fund  raised  by  taxation 
for  that  purpose,  and  place  to  the  account  of  said  board  for  all  water  furn- 
ished and  supplied  to  said  city  for  public  fire  hj'drants  for  the  extinguish- 
ment of  fires,  for  water  used  at  public  fountains  and  watering  places,  for 
water  furnished  and  supplied  to  any  of  the  boards  or  departments  of  said  city, 
as  the  same  are  or  may  be  hereafter  established,  and  all  other  water  sup- 
plied to  or  used  and  consumed  by  said  city;  provided,  that  all  water  required 
to  be  used  for  street  sprinkling  or  street  cleaning,  whether  such  work  be 
done  under  contract  or  by  the  commissioner  of  public  works,  shall  be  fur- 
nished free  of  charge  under  such  reasonable  rules  and  regulations  as  may 
be  established  by  said  board.  The  said  board  shall  keep  separate  accounts 
with  each  of  said  boards  and  departments  of  all  water  furnished  and  con- 
sumed by  each  of  said  respective  boards  and  departments.  And  said  board 
is  hereby  authorized  and  required  to  restrain  and  prevent  any  and  all  wastage 
of  water,  and  to  that  end  may,  when  in  its  judgment  necessary,  turn  oflf  the 
water  or  take  such  other  action  as  in  its  judgment  may  be  proper. 

414.  Change  of  street  grades,  damages  occasioned  by. — Sec.  20.  In 
case  of  damage  to  the  pipes  or  works  of  the  water  board,  caused  by  a  change 
of  grade  or  operation  of  any  department  of  the  city,  such  damage  shal  be  paid 
out  of  the  general  fund  of  said  city,  except  in  cases  where  an  assessment  shall 
be  made  by  the  board  of  public  works  of  said  city  for  a  change  of  grade  as 
now  or  as  may  be  hereafter  provided  by  law.     In   such   case   the  damage  oc- 


THE  WATER  DEPARTMENT.  105 

curring  to  the  board  of  water  commissioners  shall  be  paid  out  of  such  assess- 
ment. 

415.  Advance  payments.  Sec.  21.  That  the  said  board  shall  have  full 
power  and  authority  to  require  payment  in  advance  for  the  use  of  water  fur- 
nished by  them  in  or  upon  any  building,  place  or  premises,  and  in  case 
prompt  payment  for  the  same  shall  not  be  made  they  may  shut  off  the  water 
from  such  building,  place  or  premises,  and  shall  not  be  compelled  again  to 
supply  said  building,  place  or  premises  with  water  until  said  arrears,  with 
interest  thereon,  together  with  the  costs  and  expense  of  turning  said  water 
off  and  on,  shall  be  fully  paid. 

416.  Frontage  tax. — Sec.  22.  In  addition  to  all  other  powers  conferred 
upon  said  board,  they  are  authorized  to  and  shall  assess  upon  each  and  every 
lot,  piece  or  parcel  of  land  in  the  City  of  St.  Paul  in  front  of  which  water 
pipes  are  or  hereafter  shall  be  laid  an  annual  tax  or  assessment  of  ten  (10) 
cents  per  lineal  foot  of  the  frontage  of  such  lot,  piece  or  parcel  of  land, 
and  which  shall  be  a  lien  upon  such  lot,  piece  or  parcel  of  land,  and  shall  be 
collected  as  hereinafter  provided;  but  no  property  shall  be  subject  to  such  tax 
or  assessment  after  ten  (10)  such  annual  taxes  or  assessments  have  been 
levied  against  it,  including  those  which  may  have  been  heretofore  so  levied. 

417.  Assessment  of  frontage  tax. — Sec.  23.  That  the  said  board  shall 
make  up,  on  or  before  the  lirst  (1st)  day  of  August  in  each  and  every  year, 
a  detailed  statement,  duly  certified  to  by  the  president  and  secretary  of  said 
board  of  commissioners,  under  the  seal  of  said  board  for  the  tax  or  assessment 
described  in  the  foregoing  section  for  the  year  preceding  and  ending  on  the 
first  (1st)  day  of  January,  which  statement  shall  be  transmitted  by  the  sec- 
retary of  said  board  to  the  county  auditor  of  Ramsey  county  as  delinquent 
taxes  for  collection;  whereupon  it  shall  be  the  duty  of  the  county  auditor 
to  extend  the  same  on  his  rolls  against  the  property  in  said  statement  as 
aforesaid,  for  collection,  and  if  not  paid  within  the  time  prescribed  by  law 
then  the  same  shall  become  a  lien  on  said  real  estate  and  said  real  estate 
shall  be  subject  to  all  the  penalties  and  charges  as  property  delinquent  for 
taxes  for  county  and  state  purposes.  All  moneys  collected  or  paid  into  the 
treasury  of  Ramsey  county  on  account  of  said  assessment  or  tax  shall  be  paid 
over,  from  time  to  time,  to  the  City  of  St.  Paul,  for  the  use  of  said  board  of 
water  commissioners. 

418.  Regulations,  etc.,  of  board. — Sec.  24.  Said  board  of  water  commis- 
sioners are  hereby  invested  with  full  power  to  make  and  enforce  such  by- 
laws, regulations  and  ordinances  as  may  be  necessary  to  carry  into  efifect  the 
object  and  intent  of  this  act,  and  to  supply  any  power  or  mode  not  already 
specified  therein,  and  shall  cause  all  such  by-laws,  regulations  and  ordinances 
to  be  entered  in  a  book  to  be  kept  for  that  purpose,  and  signed  by  the  presi- 
dent and  secretary,  which,  when  so  entered  and  signed,  shall  be  evidence  in 
any  court  of  justice. 

419.  Secretary  shall  be  elected — Duties — Assistant — Treasurer  and  comp- 
troller— Yearly  reports. — Sec.  25.  Tliat  s;ii(l  board  of  water  commissioners 
shall  elect  some  suitable  person  as  secretary,  and  the  treasurer  of  the  City 
of  St.  Paul  is  hereby  declared  to  be  ex-officio  treasurer  of  said  board,  and 
the  city  comptroller  is  herby  declared  to  be  ex-officio  the  comptroller  of  the 
said  board.  It  is  made  the  duty  of  the  secretary,  under  the  direction  of  the 
said  board,  to  collect  and  receive  and  pay  into  the  city  treasury  all  moneys 
due  on  account  of  the  operations  of  said  water  works,  except  the  frontage 
tax  and  proceeds  from  the  sale  of  bonds,  and  to  keep  a  set  of  books,  which 
shall  contain  a  full  and  complete  statement  of  the  condition  and  operation 
of  the  water  works,  of  all  moneys  received  and  paid  out  by  order  of  said 
board,  and  all  debts  due  and  owing  said  board  for  any  cause  whatever,  to- 
gether with  an  accurate  account  of  all  the  expenses  of  said  board;  and  the 
said  secretary  may  appoint  an  assistant  secretary,  for  whose  acts  he  shall  be 
responsible,  who  shall  only  be  authorized  to  act  in  the  absence  of  said  sec- 


IOC,  CHARTER  OF  CITY  OF  ST.  PAUL. 

retary  from  said  city,  and  while  the  secretary  is  unable  to  perform  such 
duties  owing  to  sickness;  and  in  case  of  the  disability,  from  absence  or  other 
cause,  of  said  secretary  and  the  failure  of  said  secretary  to  appoint  such  as- 
sistant, the  said  board  may  appoint  a  secretary  pro  tern  to  pexform  the  duties 
of  such  secretary.  It  is  made  the  duty  of  the  treasurer  of  said  board  to  re- 
ceive all  moneys  which  maj-  be  paid  in  to  said  treasurer  on  account  of  said 
board  of  water  commissioners  from  the  sale  of  bonds  and  from  water  taxes, 
or  from  any  source  whatever;  and  all  moneys  so  received  shall  be  retained 
by  said  treasurer  and  paid  out  only  upon  the  orders  of  said  board,  signed 
by  the  president  and  secretary  thereof,  and  countersigned  by  the  city  comp- 
troller, and  shall  keep  a  detailed  and  exact  account  thereof  in  such  manner 
as  to  show  at  all  times  the  exact  financial  condition  of  said  board;  and  the 
city  comptroller  shall  keep  regular  books  of  account,  in  which  all  moneys 
received  or  paid  out  for  or  on  account  of  said  board  shall  be  entered.  He 
shall  audit  and  countersign  all  bills  and  accounts  allowed  by  said  board  and 
other  evidences  of  the  indebtedness  of  said  board,  and  shall  keep  an  exact 
account  thereof,  stating  to  whom  and  for  what  purposes  issued,  and  shall 
keep  an  account  with  the  treasurer  of  said  board  showing  the  amount  re- 
ceived from  all  the  different  sources  of  revenue  and  the  amount  disbursed 
under  the  direction  of  said  board.  The  said  comptroller  shall,  on  the  first 
(1st)  day  of  each  month,  return  to  the  secretary  of  said  board  all  bills  and 
accounts  received  from  said  board  during  the  month  next  preceding.  The 
books  of  said  board  shall  be  opened  to  the  examination  of  any  person  or  per- 
sons appointed  for  that  purpose,  or  to  any  committee  of  the  common  council, 
or  the  comptroller  of  said  city.  Said  board  shall  also,  on  the  first  (1st)  day 
of  December  of  each  year,  make  a  report  to  the  common  council  of  said  city 
of  the  condition  of  the  works  under  their  charge,  and  of  the  receipts  and 
expenditures  on  account  of  the  same. 

420.  Contracts  exceeding  $300. — Sec.  26.  All  contracts  for  materials  or 
for  the  construction  of  any  part  of  said  work  which  shall  involve  the  expendi- 
ture of  the  sum  of  three  hundred  (300)  dollars  or  more  shall  be  in  writing, 
and  in  duplicate,  one  of  which  shall  be  filed  with  the  city  comptroller,  the 
other  with  the  secretary  of  the  board;  provided,  that  in  the  event  of  any 
extraordinary  and  sudden  injury  to  said  works,  whereby  great  damage  might 
ensue  by  reason  of  any  delay,  the  said  board  may  cause  the  damage  or  break 
to  be  repaired  without  a  contract  and  in  such  a  manner  as  the  commissioners 
may  deem  for  the  best  interests  of  the  city. 

421.  Water  rates  must  be  adequate — Willful  neglect  to  collect. — Sec.  27. 
The  said  board  of  water  commissioners  shall  establish  such  water  rates  as 
will  at  all  times  insure  to  the  city  a  sufticient  incoine  to  pay  the  interest  and 
to  provide  a  fund  to  pay  the  principal  upon  all  the  bonds  to  be  issued  under 
this  chapter,  as  well  as  to  pay  all  the  expenses  and  costs  of  the  maintenance 
and  repairs  of  said  water  works;  and  it  is  hereby  declared  to  be  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  five  hundred  (500)  dollars,  or 
imprisonment  in  the  county  jail  not  exceeding  one  (1)  year,  or  both,  for  said 
board  knowingly  to  omit  the  property  of  any  person  from  assessment  for 
water  rates,  or  to  neglect  or  refuse  to  collect  the  same,  or  to  give  any  person 
other  or  different  credit  for  the  use  of  water  than  that  given  the  whole 
public;  provided,  however,  when  meters  are  used  for  the  purpose  of  showing 
the  amount  used,  the  water  rent  shall  be  collected  on  the  first  (1st)  day  of 
each  and  every  month. 

422.  Profiles  of  streets  for  new  mains,  etc. — Change  of  grades  affecting 
mains. — Sec.  28.  Whenever  the  board  shall  determine  to  lay  new  mains,  set 
hydrants,  to  relay  mains,  or  reset  hydrants  on  any  of  the  streets  of  said  city, 
the  board  shall  make  application  to  the  commissioner  of  public  works,  whose 
duty  it  shall  be,  without  unnecessary  delay,  to  furnish  the  water  commis- 
sioners with  a  profile  of  the  street,  with  the  grade  lines  thereon,  and  to  set 
stakes  of  grades  and  lines  of  streets  and  sidewalks  when  required.  Before 
the   board  of  public  works   of  said  city    shall    report   in   favor   of   a   change   of 


THE  WATER  DEPART^IEXT.  107 

grade  on  any  street  on  which  the  mains  of  said  water  department  are  laid 
they  shall  notify  the  said  board  of  water  commissioners  of  the  contemplated 
change,  and  it  is  hereby  made  the  duty  of  said  board,  upon  being  so  notified, 
to  report  to  the  board  of  public  works  the  damage,  if  any,  that  will  be  in- 
curred by  said  board  of  water  commissioners  by  said  change  of  grade,  which 
damage  shall  be  taken  into  consideration  as  part  of  the  cost  of  said  improve- 
ment. 

423.  Rights  of  way  and  easements  paramount. — Sec.  29.  In  all  cases 
where  rights  of  way  and  easements  have  been  or  may  be  hereafter  required, 
either  by  purchase  of  title  or  by  condemnation,  for  the  laying  of  any  conduits, 
supply  mains  or  other  appliances  or  works  for  supplying  water  as  con- 
templated in  this  chapter,  such  rights  of  way  and  easement  shall  be  para- 
mount, and  neither  said  City  of  St.  Paul  nor  said  County  of  Ramsey,  nor 
other  county  or  municipal  b6dj^  or  corporation,  nor  other  corporation  or  per- 
son, shall  enter  thereon,  use  or  occupy  the  same  for  any  purpose  other  than 
said  purpose  for  which  said  right  of  way  or  easement  was  or  may  be  acquired 
as  aforesaid,  except  with  the  consent  of  said  board,  and  upon  such  terms  and 
in  such  manner  as  may  be  agreed  upon,  and  said  board  of  water  commis- 
sioners is  herebj'  authorized  to  make  and  enter  into  any  agreement  in  that 
behalf  which  it  may  deem  necessary  and  expedient. 

424.  Actions  and  judgments  against  board.  Sec.  30.  Any  and  all  causes 
of  action,  either  at  law  or  in  equity,  which  may  now  exist,  or  which  may 
hereafter  occur  by  reason  of  any  act  or  omission  by  or  on  the  part  of  the 
board  of  water  commisioners,  or  any  of  its  servants,  agents,  employes  or 
otherwise,  shall  be  brought  and  maintained  by  such  claimant  or  claimants 
against  the  said  board  of  water  commissioners,  anything  in  the  statutes  of 
the  State  of  Minnesota  to  the  contrary  notwithstanding.  And  any  and  all 
judgments  recovered  against  said  board  of  water  commissioners  shall  be 
paid  out  of  any  moneys  in  the  hands  of  the  city  treasurer  of  the  City  of  St. 
Paul  belonging  to  said  board,  as  other  indebtednesses  are  paid. 

425.  Notice  of  actions,  filing  and  contents — Limitation. — Sec.  31.  Before 
any  action  shall  hereafter  be  maintained  in  any  court  of  this  state  having 
jurisdiction  thereof,  against  said  board  of  water  commissioners,  for  any  cause 
whatever,  the  subject  matter  thereof,  together  with  the  evidence  in  support 
of  the  same,  must  have  first  been  presented  and  submitted  to  said  board  for 
its  investigation  and  approval,  and  that,  too,  within  sixty  (60)  days  after  said 
cause  of  action  accrues.  If,  upon  and  after  such  investigation  by  said  board, 
the  same  shall  by  it  be  rejected,  then  in  that  case  action  thereon  must  be 
commenced  within  one  (l)  year  thereafter,  or  forever  be  barred  from  main- 
taining an  action  thereon,  or  recovering  a  judgment  against  said  board  upon 
said  claim  or  cause  of  action. 

426.  Real  estate  defined. — Sec.  32.  The  term  '"real  estate"  as  used  in 
this  chapter,  shall  be  construed  to  signify  and  embrace  all  uplands,  lands  un- 
der water,  the  waters  of  any  lake,  pond  or  stream,  all  and  every  estate,  in- 
terest and  right,  legal  and  equitable,  in  lands  or  water,  including  term  for 
years,  and  liens  thereon  by  way  of  judgment,  mortgage  or  otherwise,  and 
also  all  claims  for  damages  to  such  real  estate. 

427.  Petitions  for  new  mains — Exceptions. — Sec.  33.  No  water  mains 
shall  be  laid  by  the  board  of  water  conim'ssinners  of  said  city  unless  the 
owners  resident  in  the  City  of  St.  Paul  of  one-third  (1-3)  of  the  property 
fronting  on  the  street  liable  to  assessment  for  this  extension  shall  first  have 
petitioned  in  writing  to  said  board  of  water  commissioners  for  the  laying  of 
said  mains;  provided,  however,  that  upon  the  recommendation  of  said  board 
of  water  commissioners,  the  common  council  may  by  resolution  or  ordinance, 
passed  by  a  vote  of  two-thirds  (2-3)  of  all  the  members  of  each  body  thereof, 
authorize  the  laying  of  any  such  water  mains  or  pipes,  without  any  petition 
of  resident   property   owners   having  been   made   therefor. 

Adopted  at   General   Election   Nov.  Oth,   1906. 


108  CHARTER  OF  CITY  OF  ST.  PAUL. 


AMENDMENT  NO.  0. 

To  amend  chapter  IX.  of  the  Charter  of  St.  Paul  by  addiiiL;-  at  the  end 
thereof  the  following  new  section,  viz: 

"Section  34.  The  Common  Council  of  the  city  of  St.  Paul  shall  have  the 
power,  upon  request  of  the  Board  of  Water  Commissioners,  without  first  sub- 
mitting the  question  to  the  voters  of  the  city,  to  issue  and  sell  not  exceeding 
five  hundred  thousand  dollars  ($500,000)  par  value  in  and  of  the  bonds  of  said 
city,  for  the  purpose  of,  and  the  proceeds  thereof  to  be  used  solely  for  ex- 
tending enlarging  and  improving  the  public  water  plant  and  water  works  sys- 
tem owned  and  operated  by  said  city,  provided  that  not  more  than  one  hundred 
fifty  thousand  dollars  ($150,000)  par  value  of  said  bonds  shall  be  issued  in  any 
one  calendar  year. 

Said  bonds  shall  be  in  form  to  be  prescribed  by  the  common  council  and 
shall  bear  intere^st  at  a  rate  not  exceeding  four  per  cent  per  annum,  and  shall 
be  payable  in  not  to  exceed  thirty  years  after  their  date.  Said  bonds  may  be 
so  issued  and  sold  notwithstanding  any  provisions  of  law  placing  any  maxi- 
mum limit  upon  the  bonded  indebtedness  of  said  city. 

When  said  bonds  or  any  of  them  are  issued  and  sold,  it  shall  be  the  duty 
of  the  Board  of  Water  Commissioners  to  make  suitable  provision  from  the 
revenues  of  said  water  plant  for  the  prompt  payment  of  all  current  interest  on 
said  bonds  as  the  same  accrues,  and  for  the  redemption  of  said  bonds  at  their 
maturity." 


THE  HEALTH   DEPARTMENT.  lOO 

CHAPTER    X. 

Health    Department. 

428.  Organization. — Section  1.  There  is  hereby  established  an  executive 
department  in  the  municipal  government  of  the  City  of  St.  Paul,  Minnesota, 
which  shall  be  known  as  the  department  of  health,  and  shall  embrace  the 
comissioner  of  health,  the  chief  of  police,  the  corporation  attorney  and  such 
other  assistants  and  employes  as  are  hereafter  provided  for. 

429.  Commissioner    of    health  —  Appointment  —  Term  —  Qualifications — 

Bond. — Sec.  2.  There  is  herel)y  created  the  office  of  commissionur  of  health, 
who  shall  be  the  head  of  said  department  of  health,  and  shall  have  the  man- 
agement and  control  of  all  matters  and  things  pertaining  thereto.  He  shall 
hold  office  for  the  term  of  four  (4)  years,  and  until  his  successor  shall  be 
appointed  and  qualified. 

Sec.  3.  Said  commissioner,  who  must  be  a  competent  physician  of  regu- 
lar practice,  shall  be  appointed  by  the  mayor,  on  or  before  the  second  Tues- 
day in  March,  one  thousand  nine  hundred  and  three  (1903),  or  as  soon  there- 
after as  possible,  and  each  four  (4)  years  thereafter. 

Sec.  4.  Said  commissioner,  before  entering  upon  the  duties  of  his  office, 
shall  execute  a  bond  to  the  City  of  St.  Paul,  Minnesota,  in  the  sum  of  three 
thousand  dollars   (3,000)  with  proper  sureties. 

430.  Assistant  commissioner  and  inspectors. — Sec.  5.  Said  commissioner 
shall  exercise  a  general  supervision  over  the  sanitary  condition  of  the  city, 
and  shall  have  power  to  appoint  an  assistant  commissioner,  who  shall  be  a 
physician  in  regular  practice;  four  health  officers;  one  meat  inspector,  who 
shall  be  a  butcher;  one  live  stock  inspector,  who  shall  be  a  veterinary  sur- 
geon; and  one  plumbing  inspector,  who  shall  be  a  licensed  plumber;  all  of 
which  shall  perform  such  other  duties  as  the  commissioner  may  require. 

Sec.  6.  Should  the  necessity  arise  at  any  time  for  health  officers  or  in- 
spectors, or  other  employes  than  are  hereby  provided  for,  the 'commissioner 
of  health  shall  have  power  to  increase  the  force,  with  the  consent  of  the 
common  council. 

431.  Removals  of  subordinates. — Sec.  7.  Said  commissioner  of  health 
shall  have  jjovver  to  remove  any  subordinate  officer,  inspector  or  employe  of 
said  department  of  health  at  his  pleasure,  and  all  orders  and  directions  ema- 
nating from  said  department  of  health  shall  be  issued  in  the  name  of  said 
commisioner. 

432.  General  duties. — Sec.  8.  The  said  commissioner  of  health  shall  give 
to  the  mayor  or  other  city  authorities  all  such  professional  advice  and  in- 
formation as  they  may  require  with  a  view  to  the  preservation  of  public 
health,  and  whenever  he  shall  hear  of  the  existence  of  any  malignant,  con- 
tagious or  pestilential  disease  he  shall  investigate  the  same  and  adopt  meas- 
ures to  arrest  its  progress. 

Sec.  9.  It  shall  be  the  duty  of  the  commissioner  of  health  to  enforce  all 
laws  of  the  state  and  ordinances  of  the  City  of  St.  Paul  relating  to  the  sani- 
tary regulations  of  the  city,  and  cause  all  nuisances  to  be  abated  with  all  rea- 
sonable promptness.  And  for  the  purpose  of  carrying  out  the  foregoing 
requirements  he,  pr  his  assistant  by  his  direction,  shall  be  permitted  at  all 
times,  from  the  rising  to  the  setting  of  the  sun,  to  enter  into  any  house, 
store,  stable  or  other  building,  and  to  cause  the  floors  to  be  raised,  if  he 
shall  deem  it  necessary,  in  order  to  make  a  thorough  examination  of  cellars, 
vaults,  sinks,  or  drains,  and  to  cause  all  privies  to  be  cleaned  and  kept  in  good 
condition,  and  to  cause  all  dead  animals  or  other  nauseous  or  unwholesome 
things  or  substances  to  be  burned,  or  removed  or  disposed  of  as  the  commis- 
sioner of  health  may  direct. 


no  CHARTER  OF  CITY  OI-  ST.  PAUL. 

433.  Abatement  of  nuisances — Notice. — Sec.  10.  To  carrj-  out  the  pro- 
visions of  the  foregoing  section  it  shall  be  the  duty  of  the  commissioner  of 
health  to  serve  a  notice  in  writing  upon  the  owner,  occupant  or  agent  of 
any  lot,  building  or  premises  in  or  upon  which  any  nuisance  may  be  fovmd, 
or  upon  the  person  creating  or  continuing  any  such  nuisance,  reqtiiring  him 
to  abate  the  same  within  reasonable  time  in  such  manner  as  the  commis- 
sioner maj^  prescribe.  Provided,  that  it  shall  not  be  necessary  in  any  case 
for  the  commissioner  to  specify  in  his  notice  the  manner  in  which  any  nuis- 
ance shall  be  abated  unless  he  shall  deem  it  advisable  to  do  so;  and  such 
notice  may  be  given  or  served  by  any  officer  who  may  be  directed  or  deputed 
to  give  or  make  the  same  and  if  such  owner,  occupant  or  agent,  or  person 
creating  or  continuing  such  nuisance,  shall  neglect  or  refuse  to  comply  with 
the  requirements  of  such  order  within  the  time  specified,  he  shall  be  subject 
to  a  penalty  hereinafter  provided,  and  it  shall  be  the  duty  of  said  ofticer  to 
proceed  at  once,  upon  the  expiration  of  the  time  specified  in  said  notice,  to 
cause  such  nuisance  to  be  abated;  and  provided  further,  that  whenever  the 
owner,  occupant  or  agent  of  premises  in  or  upon  which  any  nuisance  may  be 
found  is  unknown,  or  cannot  be  found,  the  said  commissioner  shall  proceed 
to  abate  the  same  withotit  notice;  and  in  either  case  the  expense  of  such 
abatement  shall  be  collected  from  the  person  or  persons  who  may  have  creat- 
ed, continued  or  suffered  such  nuisance  to  exist. 

434.  Expense,  offender  pays. — Sec.  11.  Any  expense  incurred  by  the 
health  department  in  enforcing  the  provisions  of  the  above  section  shall  be 
recovered  in  an  action  of  debt  to  be  brought  in  the  name  of  the  City  of  St. 
Paul  against  the  party  offending. 

435.  Infectious  and  pestilential  diseases. — Sec.  12.  It  shall  be  the  further 
duty  of  the  commisioner  of  health  to  visit  and  examine,  or  cause  to  be 
visited  and  examined,  all  sick  persons  who  shall  be  reported  to  him  as  labor- 
ing, or  supposed  to  be  laboring,  under  any  yellow  or  ship  fever,  smallpox, 
cholera,  or  any  infectious  or  pestilential  disease,  and  cause  all  such  infected 
persons  to  be  removed  to  the  cholera,  smallpox  or  other  hospitals,  or  to  such 
other  safe  and  suitable  place  as  he  may  think  proper,  not  exceeding  three 
miles  from  said  city,  and  cause  them  to  be  provided  with  suitable  nurses  and 
inedical  atendants,  at  their  own  expense,  if  they  are  able  to  pay  for  same, 
but  if  not,  then  at  the  expense  of  the  city. 

436.  Notices  on  infected  houses. — Sec.  13.  It  shall  be  the  further  duty 
of  the  commisioner  of  health  to  cause  a  notice,  printed  or  written  in  large 
letters  to  be  placed  upon  or  near  any  house  in  which  any  person  may  be 
affected  or  sick  with  smallpox,  scarlet  fever,  or  any  infectious,  pestilential  or 
epidemic  disease,  upon  which  shall  be  written  or  printed  the  name  of  such 
disease;  and  if  any  person  shall  deface,  alter,  mutilate,  destroy,  or  tear  down 
such  notice,  without  permission  of  the  commissioner  of  health,  or  of  the 
health  officer,  such  person  or  persons  shall  be  subject  to  the  penalty  herein- 
after provided;  and  if  the  occupant  of  any  house  upon  which  such  notice 
shall  be  placed  or  posted  as  aforesaid,  shall  aid  or  abett  any  person  or  persons 
in  defacing,  altering,  mutilating  or  tearing  down  such  notice,  he  shall  be 
subject  to  the  penalty  hereinafter  provided. 

437.  Smallpox  hospital. — Sec.  14.  The  commissioner  of  health  shall  have 
charge  of  the  smallpox  hospital,  and  shall  have  power  to  employ  such  as- 
sistants and  nurses  as  he  may  deem  necessary;  and  it  shall  be  his  duty  to  see 
that  the  said  hospital  is  supplied  with  suitatble  furniture,  nourishment,  fuel 
and  medicines,  and  that  persons  dying  therein,  or  in  any  'other  place  under 
the  charge  of  the  city,  are  decently  and  promptly  buried  at  the  expense  of 
the  city,  provided,  such  deceased  persons  shall  not  have  left  the  means  to 
defray  their  own  expenses  of  sickness  or  burial. 

438.  Extraordinary  powers. — Sec.  15.  In  case  of  pestilence  or  epidemic 
disease,  or  of  danger  from  anticipated  or  impending  pestilence  or  epidemic 
disease,  or  in  case  the  sanitary  condition  of  the  city,  should  be  of  such   char- 


T\]K   IlHAI/ni    DEPARTMENT.  m 


acter  as  to  warrant  it,  it  shall  be  the  dut\'  of  the  said  commissioner  of  health 
to  take  such  measures,  and  to  do  and  order,  and  cause  to  be  done,  for  the  pre- 
servation of  the  public  health  (though  not  herein,  or  elsewhere,  or  otherwise 
authorized),  as  he  may,  in  good  faith,  deem  the  public  safety  and  health  to 
demand. 

439.  Vaccination. — Sec.  16.  The  commissioner  of  health  may  take  such 
measures  as  he  maj'  from  time  to  time  deem  necessary,  to  prevent  the  spread 
of  the  smallpox,  by  issuing  an  order  requiring  all  persons  in  the  city  or  any 
part  thereof,  requiring  vaccination,  to  be  vaccinated  within  such  time  as  he 
shall  prescribe;  and  all  persons  refusing  or  neglecting  to  obey  such  order 
shall  be  liable  to  the  penalty  hereinafter  provided.  Provided,  that  it  shall  be 
the  duty  of  the  commissioner  to  provide  for  the  vaccination  of  such  persons 
as  are  unable  to  pay  for  the  same,  at  the  expense  of  the  city. 

440.  Power  concerning  houses. — Sec.  17.  He  shall  have  the  power  to 
cause  any  house  to  be  cleansed,  disinfected  or  closed  to  visitors,  and  prevent 
persons  from  resorting  thereto  while  any  person  is  laboring  under  any  pes 
tilental  or  infectious  disease;  he  may,  by  an  order  in  writing,  direct  any 
nuisance  to  be  abated,  or  unwholesome  matter  or  substance,  dirt  or  filth,  to 
be  removed  from  any  house  or  premises,  and  may  prescribe  the  time  and 
mode  of  doing  so,  and  take  any  other  measures  he  may  deem  necessary  and 
proper  to  prevent  the  spread  of  any  infectious,  pestilential  or  epidemic  dis- 
eases; and  any  person  who  shall  neglect  or  refuse  to  obey  the  orders,  direc- 
tions and  instructions  of  said  commissioner  of  health  shall  be  subject  to  a 
penalty  hereinafter  provided. 

441.  Quarantine  sites  or  boundaries,  how  established  and  regulated. — 
Sec.  18.  Said  commissioner,  whenever,  and  at  such  times  as  by  him  it  shall 
be  deemed  necessary,  may  by  proclamation  (the  approval  of  the  city  council 
being  first  had  and  obtained)  require  all  boats,  vessels,  railroad  cars  and  other 
public  conveyances  bound  for  this  city,  before  the  same  shall  land  or  stop  at 
any  wharf,  depot  or  landing  or  stopping  place  therein,  to  touch  or  stop  at 
any  or  either  of  the  sites,  places  or  boundaries  so  selected  and  established  for 
quarantine  purposes,  and  leave  all  such  emigrants,  travelers  or  persons  and 
all  such  sick,  diseased  or  unclean  persons,  with  their  stores  and  baggage, 
as  in  the  opinion  of  the  officers  stationed  at  such  quarantine  sites,  places  or 
boundaries  shall  be  deemed  proper  on  account  of  the  existence  or  general 
report  of  cholera,  ship  fever  or  any  contagious  disease,  or  diseases  appre- 
hended to  endanger  the  health  of  the  city. 

442.  Notice  of  quarantine. — Sec.  19.  Whenever  it  shall  be  deemed  nec- 
essary to  issue  such  proclamation,  it  shall  be  the  duty  of  the  said  commis- 
sioner to  send  the  same,  together  with  the  substance  of  the  regulations  for 
cjuarantine  and  the  period  for  which  the  same  shall  be  in  force,  unless  sooner 
revoked,  to  Chicago,  Milwaukee,  Dubuque,  Sioux  City,  Minneapolis,  E)uluth 
and  Eargo,  and  such  other  cities  and  places  as  he  may  deem  proper. 

443.  Examination  of  public  conveyances  at  quarantine  sites. — Sec.  20. 
lie  shall  also  cause  to  be  stationed  at  such  quarantine  sites,  places  and 
boundaries  as  he  may  deem  advisable,  one  (1)  or  more  physicians  or  health 
officers,  whose  duty  it  shall  be  to  go  on  board  and  examine  all  boats,  vessels, 
cars  or  other  public  conveyances  as  are  aforesaid  required  to  touch  or  stop 
at  said  quarantine,  respectively,  and  then  and  there  determine  what  emi- 
grants, passengers  or  persons  (if  any)  shall  stop  at  such  quarantine;  and  it 
shall  be  the  duty  of  all  persons  conducting  or  in  charge  of  any  such  vessel, 
boat,  car  or  j>ublic  conveyance  to  aid  and  assist  any  such  ])hysician  or  health 
officer  in  the  exercise  of  his  duties. 

444.  Care  of  sick  in  quarantine. — Sec.  21.  Said  physicians  or  health 
officers  shall  attend  (o  all  sick  persons  who  may  be  landed  or  placed  in  ([uar- 
antine,  and  provide  medicines  and  necessaries  for  their  use,  and  shall  have 
general  supervision  of  such   (piaranlines,  and  compel  per.sons  therein  to  purify 


112  CHARTER  OF  CITY  OF  ST.  PAUL. 


their  bodies,  clothes  and  baggage,  and  to  do  all  such  acts  and  things  as 
shall  be  proper  in  the  premises,  keeping  correct  accounts  of  all  expenditures 
and  wages,  which  shall  be  allowed  and  paid  by  order  of  the  said  commis- 
sioner. 

445.  Release  of  conveyances  and  persons  from  quarantine — Emigrants. — 
Sec.  22.  Whenever  the  pliysician  or  officer  in  charge  of  any  quarantine  sta- 
tion, or  place,  as  aforesaid,  shall,  upon  examination,  be  satisfied  that  there  is 
no  longer  occasion  for  the  detention  of  any  boat,  vessel,  car  or  conveyance 
at  such  quarantine  or  place,  and  such  boat,  vessel,  car  or  conveyance  shall 
have  been  thoroughly  cleansed,  and  such  persons  as  aforesaid  landed  and 
placed  in  the  care  of  such  physician  or  of¥icer,  such  physician  or  officer  shall 
give  such  vessel,  boat,  car  or  conveyance  a  permit  signed  by  himself  to  en- 
ter the  city,  which  shall  be  ample  authority  for  the  entry  of  said  boat,  A'essel, 
car  or  conveyance,  and  the  said  officers,  respectively,  shall  discharge  all  per- 
sons in  quarantine  by  their  certificate  for  that  purpose  whenever  they  are 
satisfied  that  such  persons  are  free  of  disease  and  their  baggage  and  efifects 
properly  purified.  Provided,  however,  that  the  commissioner  in  his  discretion, 
by  proclamation  for  that  purpose,  may,  during  the  prevalence  of  cholera,  ship 
fever  or  other  contagious  or  fatal  disease,  forbid  the  admission  of  emigrants 
or  others  peculiarly  liable  thereto  in  any  or  all  of  said  quarantines  or  sta- 
tions, until,  in  his  opinion,  the  health  of  the  city  will  justify  the  same. 

446.  Enforcement  of  quarantine. — Sec.  2.3.  It  shall  be  the  duty  of  the 
said  commissioner,  whenever  he  shall  deem  it  necessary,  to  keep  at  the  quar- 
antine station  or  stations  a  sufficient  police  force,  whose  duty  it  shall  be  to 
enforce  all  regulations  required  by  this  chapter  or  by  said  commissioner 
established,  and  to  arrest  all  persons  violating  said  regulations  or  commit- 
ting any  breaches  of  the  peace,  and  bring  such  persons  before  any  court 
having  jurisdiction,  for  trial,  and  to  arrest  and  hold  for  trial  all  persons  dis- 
obeying or  interfering  with,  or  resisting  any  physician,  health  officer  or  other 
person  in  authority  at  such  quarantine  site  or  station. 

447.  Violations  of  quarantine. — Sec.  24.  In  case  any  boat,  vessel,  car  or 
public  conveyance  shall  leave  any  quarantine  station,  place  or  boundary  with- 
out a  permit,  as  aforesaid,  or  shall  fail  to  stop  at  the  same  when  so  required 
by  the  issuing  of  said  proclamation,  or  whenever  the  person  in  charge  there- 
of, or  any  person  under  his  command  shall  fail  or  refuse  to  obey  any  regula- 
tion or  command  of  the  said  commissioner  of  health,  physician  or  person  in 
charge  of  any  quarantined  station  or  place,  or  of  any  provision  or  require- 
ment of  this  chapter,  the  said  commissioner  shall  have  the  power,  and  it  is 
hereby  made  his  duty,  if  in  his  opinion  the  health  of  the  city  requires  it,  to 
send  sufficient  police  force  to  such  boat,  vessel,  car  or  public  conveyance, 
and  cause  the  same,  with  the  crew  and  passengers  on  board,  to  be  landed,  or 
stopped,  or  conveyed  to  the  quarantine  station  or  place,  and  there  to  remain 
until  properly  discharged  by  the  permit  aforesaid;  and  the  owner,  master  or 
the  person  in  charge  of  any  such  boat,  vessel,  car  or  public  conveyance  shall 
be  liable  to  the  city  for  all  expenses  and  costs'  incurred  by  reason  thereof. 
If  any  emigrant,  traveler  or  person  so  placed  in  quarantine  as  aforesaid  shall 
leave  the  same  without  permission  as  aforesaid,  he  may  be  arrested  and 
taken  back  to  said  quarantine,  and  there  retained  until  such  permission  shall 
be  given. 

448.  Rules  and  regulations  of  quarantine. — Sec.  25.  The  said  commis- 
sioner shall  make  such  rules  and  regulations  for  the  government  of  the  quar- 
antine or  health  of  the  city  as.  from  time  to  time,  he  shall  deem  necessary; 
and  the  physicians  or  health  officers  in  charge  of  any  quarantine  station  or 
place  shall  have  power  to  make  and  enforce  such  regulations  as  may  be  nec- 
essary for  the  proper  conducting  and  management  thereof;  and  it  shall  be  the 
duty  of  all  persons  in  quarantine,  and  all  agents,  officers,  policemen,  or  others 
employed  by  the  city  in  and  about  said  quarantine  stations  or  places,  to  carry 
out  and  obey  the  same. 


THE  HEALTH  DEPARTMENT.  113 

449.  Quarantine  physicians,  agents,  nurses,  etc. — Sec.  26.  The  said  com- 
missioner, by  and  with  the  approval  of  the  city  council,  may  appoint  one  or 
more  competent  physicians  as  quarantine  physicians,  who  shall  be  present  at 
such  quarantine  stations  as  the  said  commissioner  of  health  shall  designate, 
and  attend  to  all  the  duties  imposed  by  this  chapter,  or  by  the  regulations  of 
said  commissioner;  and  they,  shall  each  receive  for  actual  services  rendered 
and  for  such  time  as  such  services  shall  be  actually  required,  not  less  than 
live  dollars  ($5)  nor  more  than  ten  dollars  ($10)  per  day,  to  be  allowed  by 
said  commissioner;  the  said  commissioner  majr  also  employ  such  agents, 
servants,  nurses  or  temporary  medical  assistants  for  the  purpose  of  carrying 
into  effect  the  object  and  intent  of  this  chapter,  or  of  any  regulation,  as  in 
his  judgment  shall  from  time  to  time  be  necessary,  or  authorize  the  employ- 
ment thereof  by  the  physicians  or  health  officers  in  charge  of  any  quarantine 
or  station. 

450.  Prohibitions  affecting  quarantine  and  contagious  diseases. — Sec.  28 
No  person,  master,  captain  or  conductor  in  charge  of  an}'  boat,  vessel,  rail- 
road car  or  public  conveyance,  shall  knowingly  bring  into  this  city  any  per-- 
son  or  persons  diseased  of  cholera,  smallpox,  ship  fever  or  contagious  or 
communicable  disease  whatsoever;  and  no  vessel,  boat,  railroad  car  or  public 
conveyance,  at  any  time  covered  by  the  said  proclamation,  shall  pass  by  any 
quarantine  station  or  place  without  stopping,  nor  shall  leave  the  place  without 
the  permit  aforesaid;  and  no  person  stopping  in  said  quarantine  or  so,  as 
aforesaid,  received  therein,  shall  leave  the  same  without  first  obtaining  per- 
mission as  aforesaid;  nor  shall  any  person  aid  or  abet  any  master,  conductor 
or  person  in  charge  of  any  boat,  vessel,  railroad  car  or  public  conveyance, 
in  violating,  neglecting  or  evading  any  provision  or  requirement  of  this  chap- 
ter; nor  shall  any  person  interfere  with,  resist,  neglect  or  refuse  to  obey  the 
orders  of  any  physician,  health  officer,  policeman,  or  other  person  in  author- 
ity, at  any  quarantine  station  or  place  of  quarantine,  so,  as  aforesaid,  estab- 
lished; nor  do  any  act  or  thing  in  violation  of,  or  in  disobedience  to,  any  of 
the  provisions,  clauses  or  sections  of  this  chapter;  nor  shall  commit  any 
breach  of  the  peace,  nor  do  any  act  calculated  in  any  way  to  defeat  or  in- 
terfere with  the  provisions  or  requirements  of  this  chapter,  or  of  any  regula- 
tion of  the  said  commissioner,  physician  or  officer  in  charge  of  any  quaran- 
tine. 

451.  Monthly  inspections  of  city. — Sec.  30.  It  shall  be  the  dutyof  the 
commissioner  of  health  to  make  a  circuit  of  observation  once  in  every  month 
to  every  part  of  the  city  and  its  environs,  which,  from  its  location,  or  from 
any  collateral  circumstances,  may  be  deemed  to  be  the  cavise  of  the  disease; 
and  in  all  cases  where  he  may  discover  the  existence  of  any  agent,  the  pres- 
ence of  which  will  prove  dangerous  to  the  health  of  the  city,  and  there  is  no 
ordinance  competent  to  the  correction  of  the  evil,  he  shall  immediately  report 
the  same  to  the  city  council,  accompanied  with  his  opinion  of  the  necessity 
of  extraordinarj'  or  particular  action. 

452.  Quarantine  stations  and  hospitals,  how  secured. — Sec.  31.  The  com- 
missioner of  health,  by  and  with  the  approval  of  the  city  council  may  select, 
purchase,  lease  and  establish  such  sites,  places  and  boundaries  for  quarantine 
stations  and  purposes,  and  with  the  approval  of  said  council,  may  erect,  from 
time  to  time,  such  buildings  and  hospitals  upon  such  sites  and  places,  and 
to  keep  the  same  in  repair,  as  in  his  judgment  may  be  deemed  necessary. 

453.  Record  and  blanks — Vital  statistics. — Sec.  32.  It  shall  be  the  duty 
of  the  commissioner  of  health  to  provide  the  necessary  books  for  keeping  a 
record  of  all  transactions  of  said  department,  including  the  proper  registra- 
tion of  births  and  deaths,  and  such  other  statistical  informauiju  necessary  fot 
efficient  working  of  said  department;  and  shall  also  keep  on  hand  all  neces- 
sary blanks,  to  be  used  by  physicians  and  inidwivcs,  and  furnish  them  with 
the  same  on  application. 

454.  Free    vaccination — Certificates    to    school    children. — Sec.    33.     Said 


114  CHARTER  OF  CITY  OF  ST.  PAUL. 

commissioner  of  health  shall  ahvaj's  have  on  hand,  so  far  as  practicable,  a 
sufiicient  quantity  of  vaccine  virus;  and  he  shall  vaccinate  and  revaccinate, 
without  charge,  all  persons  over  five  (5)  years  of  age  who  may  apply  to  him 
for  that  purpose;  and  he  shall  give  certificates  to  children  of  school  age 
who  have  been  successfully  vaccinated  and  require  such  certificates  for  ad- 
mission to  the  public  schools. 

455.  Penalty  for  violation  of  health  regulations. — Sec.  34.  Any  master 
of  a  vessel,  conductor,  captain  or  any  person  whosoever,  who  shall  violate 
any  clause,  provision,  requirement,  duty  or  regulation  of  this  chapter,  or  anj' 
rule  or  regulation  of  the  said  commissioner  of  health,  physician  or  health 
officer  in  the  discharge  of  his  duty,  or  in  charge  of  any  quarantine,  or  any 
person  whosoever  who  shall  fail  or  neglect  to  comply  with  any  such  clause, 
provision,  requirement,  duty  or  orders,  or  who  shall  interfere  with,  or  in  any 
manner  resist  any  officer  or  agent  in  the  department  of  health  of  the  City  of 
St.  Paul  in  the  discharge  of  his  duty  as  herein  contemplated,  or  who  shall 
commit  any  such  breach  of  peace  or  be  guilty  of  any  act  or  thing  calculated 
to  defeat  or  interfere  with  the  carrying  into  efifect  any  part  of  this  chapter, 
or  any  regulation  or  order  of  the  said  commissioner  of  health,  shall,  upon 
arrest  or  conviction  before  the  municipal  court  of  the  City  of  St.  Paul,  be 
subject  to  a  fine  of  not  to  exceed  one  hundred  dollars  ($100)  nor  less  than 
ten  dollars  ($10)  for  each  offense,  together  with  the  costs  of  prosecution. 
The  penalty  referred  to  in  sections  10,  13,  16  and  17  of  this  chapter  shall  be  a 
fine  of  not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dollars 
($100),  to  be  imposed  on  conviction  of  the  offender  in  the  municipal  court  of 
the  City  of  St.  Paul. 

456.  Prosecutions. — Sec.  35.  It  shall  be  the  duty  of  the  corporation  at- 
torney and  the  judge  of  the  municipal  court  of  the  City  of  St.  Paul  to  act 
promptly  in  all  proceedings  approved  or  prompted  by  said  commissioner  of 
health,  and  to  bring  same  to  a  speedy  hearing  or  termination,  and  to  render 
judgment  and  to  direct  execution  therein  without  delay. 

457.  Order  premises  or  things  detrimental  to  life  or  health  cleansed — Po- 
lice force  to  execute  orders  of  commissioner. — Sec.  36.  Said  commissioner  of 
health  may  order  or  cause  any  excavation,  erection,  vehicle,  vessel,  watercraft, 
room,  building,  place,  sewerpipe,  passage,  premises,  ground,  matter,  or  thing, 
in  said  City  of  St.  Paul,  or  adjacent  water,  regarded  by  said  commissioner  as  in 
a  condition  dangerous  or  detrimental  to  life  or  health,  to  be  purified,  cleansed, 
disinfected,  altered,  or  improved,  and  may  also  order  any  substance,  matter 
or  thing  being  or  left  in  any  street,  alley,  water,  excavation,  building,  erec- 
tion, place  or  grounds  (whether  such  place  where  the  same  may  be,  be  public 
or  private),  and  which  said  commissioner  may  regard  dangerous  or  detri- 
mentai  to  life  or  health,  to  be  speedily  removed  to  some  other  place;  and  may 
designate  or  provide  a  place  to  which  the  same  shall  be  removed,  when  no 
such  adequate  or  proper  place  in  the  judgment  of  said  commissioner  is  al- 
ready provided.  The  said  commissioner  may  require  the  police  force  of  the 
City  of  St.  Paul  to  execute  any  of  the  orders  referred  to  in  this  chapter,  and 
it  shall  be  the  duty  of  such  police  force  to  execute  the  orders  of  the  said 
commissioner  of  health. 

458.  State  laws  to  be  enforced — Reports  from  public  institutions, 
theaters,  etc. — Sec.  37.  Tt  shall  be  the  duty  of  said  commissioner  of  health 
to  aid  in  the  enforcement  of,  and,  so  far  as  practicable,  to  enforce  all  the 
laws  of  this  state  applicable  within  the  limits  of  the  City  of  St.  Paul  to  the 
preservation  of  human  life,  or  to  the  care,  promotion  or  protection  of  health; 
and  said  commissioner  may  exercise  the  authority  given  by  the  laws  afore- 
said, to  enable  him  to  discharge  the  duties  hereby  imposed,  and  this  section 
is  intended  to  include  all  laws  relating  to  cleanliness,  and  to  the  use  or  sale 
of  poisonous,  unwholesome,  deleterious  or  adulterated  drugs,  medicines  or 
food.  And  said  cornmissioner  is  authorized  to  require  reports  and  informa- 
tion, at   such  times,  and  of  such   facts,  and  generally  of  such   nature  and  ex- 


THE  HEALTH  DEPARTMENT.  115 

tent  relating  to  the  safety  of  life  and  the  promotion  of  health,  as  the  by-laws 
and  rules  of  the  board  of  health  may  provide,  from  all  public  dispensaries, 
hospitals,  asylums,  infirmaries,  prisons  and  schools,  and  from  the  managers, 
principals  and  officers  thereof,  and  from  all  other  public  institutions,  their 
officers  and  managers  and  from  the  proprietors,  managers,  lessees  and  oc- 
cupants of  all  theaters  and  other  places  of  public  resort  or  amusement  in 
said  district;  and  it  is  hereby  made  the  duty  of  the  officers,  institutions  and 
persons,  when  so  called  on  or  required,  to  promptly  give  such  reports  in 
writing  as  may  be  required  by  said  commissioner. 

459.  Physicians  and  midwives  to  register  births — Physicians  to  register 
deaths. — Sec.  38.  Every  physician,  midwife  and  other  person  who  may  pro- 
fessionally assist  or  advise  at  any  birth,  shall  make  and  keep  a  registry  of 
such  birth,  and  therein  enter  the  time,  place,  street  and  number  of  street  of 
such  birth,  and  the  sex  and  color  of  the  child  born,  and  the  name  and  resi- 
dence of  each  of  the  parents,  so  far  as  the  foregoing  facts  can  be  ascertained; 
and  every  physician  or  professional  adviser  who  has  attended  any  person  at 
a  last  illnes,  or  has  been  present  by  request  at  the  death  of  any  pej-son,  shall 
make  and  preserve  a  registry  of  such  death,  stating  the  cause  thereof  and 
specifying  the  date,  hour,  place  and  street  of  such  death. 

Proper  blanks  of  the  above  shall  be  furnished  by  the  department  of 
health. 

460.  Reports  of  births  and  deaths. — Sec.  39.  That  it  shall  be  the  duty  of 
every  person  mentioned  in  the  last  section  or  required  to  make  and  keep  any 
such  register,  to  present  to  the  said  commissioner  of  health  a  copy  of  such 
register,  signed  by  such  persons,  or  a  written  statement  by  him  or  her 
signed,  of  all  the  facts  in  said  register  required  to  be  entered  within  five 
days  after  the  birth,  and  within  twenty-four  hours  after  the  death  of  any 
person,  to  whom  such  registry  may  or  should  relate. 

461.  Reports  of  cororiers'  inquests. — Sec.  40.  That  it  shall  be  the  duty 
of  all  coroners  within  said  City  of  St.  Paul,  within  three  daj's  after  the 
taking  of  any  inquest,  to  file  a  written  statement  with  the  said  commissioner 
of  health,  signed  by  the  coroner  making  the  same,  stating,  so  far  as  he  is 
able,  where,  and  upon  the  body  of  whom,  such  inquest  was  held,  and  the 
cause  and  date  and  place  of  the  death  of  such  person. 

462.  Reports  of  contagious  diseases. — Sec.  41.  That  the  said  department 
of  health  are  hereby  authorized  and  it  shall  be  their  duty  to  make  such  rules 
and  by-laws  as  to  them  may  seem  proper  and  necessary,  for,  the  purpose  of 
compelling  all  physicians  practicing  within  the  limits  of  the  City  of  St.  Paul 
to  make  report  of  all  cases  of  contagious  diseases  upon  which  they  may  be 
in  attendance,  and  all  keepers  of  boarding  or  lodging  houses,  all  inn  keepers 
and  hotel  keepers,  to  make  report  of  all  cases  of  contagious  diseases  occur- 
ring within  their  respective  houses,  and  generally  to  make  such  regulations 
and  rules  as  they  may  deem  necessary  for  the  carrying  into  effect  the  objects 
of  this  section,  and  of  obliging  reports  of  contagious  diseases  to  be  made  to 
the  said  commissioner  of  licaltli,  by  persons  becoming  cognizant  of  the   same. 

463.  Interment  and  removal  of  dead  bod'.es — Rules  and  permits. — Sec.  42. 
And  the  said  department  of  liealth  is  hereby  autiiorizod  and  it  shall  be  its 
duty  to  make  rules  and  by-laws  regulating  the  interment  and  removal  of 
dead  bodies,  and  their  entry  into,  removal  froin  and  passage  through  the  said 
City  of  St.  Paul,  and  no  dead  body  shall  be  buried  within  the  limits  of  the  said 
City  of  St.  Paul,  removed  therefrom,  or  received  therein,  or  passed  through 
the  said  city,  withf)Ut  a  written  permit  first* obtained  from  the  said  depart- 
ment of  health,  and  to  be  issued  in  the  manner  and  under  the  conditions  pre- 
scribed by  them,  and  the  said  department  of  health  shall  make  all  rules  and 
regulations   necessary   for  carrying  out   the  objects  of  this   section. 

464.  Cemeteries,  jurisdiction  over. — Sec.  a:\.  The  jurisdiction  of  the  City 
of  St.    Paul    shall   extend   tn,   and    prevail  over,  all    cemeteries    within   said, city, 


110  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  it  shall  be  the  duty  of  the  department  of  health  to  make  such  rules  and 
regulations  as  it  may  deem  necessary,  regarding  the  interment  of  dead  bodies 
within  the  same,  and  prescribe  the  duties  of  all  sextons  and  keepers  of  such 
cemeteries,  relative  to  the  reception   of  and  burial   of  dead  bodies. 

465.  Orders  of  department  judicial  in  nature. — Sec.  44.  Copies  of  the 
proceedings  of  said  department,  of  its  rules,  regulations,  by-laws  and  books 
and  papers,  constituting  part  of  its  archives,  when  authenticated  by  the  com- 
missioner of  health,  shall  be  presumptive  evidence,  and  the  authentication  to 
be  taken  as  presumptively  correct,  in  any  court  of  justice,  or  judicial  proceed- 
ings, when  they  may  be  relevant  to  the  point  or  matter  in  controversy  of 
the  facts,  statements  and  recitals  therein  contained;  and  the  action,  proceed- 
ings, authoritj'  and  orders  of  the  said  department  of  health  shall'  at  all  times 
be  regarded  as  in  their  nature  judicial  and  be  treated  as  prima  facie  just  and 
legal. 

466.  Jurisdiction  over  Ramsey  county  lakes  and  water  courses. — Sec.  45. 
The  jurisdiction  of  the  department  of  health  of  the  City  of  St.  Paul  shall 
extend  over  all  the  lakes  and  -water  courses  in  the  County  of  Ramsey,  to  the 
same  extent  as  within  the  limits  of  said  city. 

467.  Annual  reports. — Sec.  46.  Said  commissioner  of  health  shall  an- 
nuall)',  on  or  before  the  first  daj'  of  January,  present  to  the  mayor  and  com- 
mon council  a  thorough  and  comprehensive  statement  of  all  matters  pertain- 
ing to  said  department  during  the  year,  and  of  all  expenditures  from  the 
appropriations  for  the  health  department,  together  with  the  statement  in  detail 
of  the  appropriations  required  by  the  department  during  the  next  municipal 
3'ear. 

468.  Duties  of  assistant  commissioner. — Sec.  47.  It  shall  be  the  duty 
of  the  assistant  commissioner  uf  health  to  attend  at  the  health  office  eviery 
day  except  Sunday,  to  discharge  the  duty  of  seeing  that  a  faithful  record  is 
kept  of  reports  and  all  matters  relating  to  the  department  of  health;  and  in 
case  of  absence  or  sickness  of  the  commissioner  of  health,  he  shall  perform 
all  the  duties  herein  assigned  to  the  commissioner  of  health. 

Se.c.  48.  It  shall  be  the  duty  of  the  assistant  commissioner,  and  all  other 
employes  in  said  department  of  health,  to  obey  and  carry  out  all  orders  and" 
directions  of  the  commissioner  of  health,  and  perform  sucli  duties  as  may  be 
imposed  upon  them  by  said  commissioner. 

469.  Chief  dt  police  to  execute  orders  of  commissioner. — Sec.  49.  It 
shall  be  the  duty  of  the  chief  of  police  to  cause  to  be  executed  all  orders 
of  the  commissioner  of  health,  so  far  as  they  may  relate  to  the  preservation 
of  the  health  of  the  city,  whenever  requested  to  do  so  by  the  commissioner  of 
health. 

470.  Policemen  to  report  violations  of  rvdes. — Sec.  50.  It  shall  be  the 
duty  of  every  policeman  of  the  City  of  St.  Paul  to  promptly  report  at  the 
office  of  the  commissioner  of  health  any  violation  of  the  rules  of  the  health 
department  of  the  City  of  St.  Paul,  Minnesota,  that  may  become  known  to 
him  while  on  duty. 


THE  FREE  PUBLIC  SCHOOLS.  117 

CHAPTER    XL 

The    Free   Public  Schools. 

Section.  1.  The  provisions  of  chapter  3(1  of  the  Special  Laws  of  Minne- 
sota for  the  year  1891,  entitled  "An  act  to  abolish  the  board  of  education  of 
the  City  of  St.  Paul,  and  to  repeql  an  act  to  amend  and  consolidate  the  sev- 
eral acts  relating  to  the  board  of  education  of  the  Citty  of  St.  Paul,  approved 
February  twenty-sixth  (26th),  one  thousand  eight  hundred  and  eighty-seven 
(1887),  and  an  act  to  amend  sections  four  (4),  nine  (9),  ten  (10)  and  eighteen 
(18)  of  an  act  entitled  'An  act  to  amend  and  consolidate  the  several  acts 
relating  to  the  board  of  education  of  the  City  of  St.  Paul,  approved  February 
twenty-first  (21st),  A.  D.  one  thotisand  eight  hundred  and  eighty-nine  (1889), 
and  providing  that  the  City  of  St.  Paul  shall  constitute  a  single  independent 
school  district  and  exercise  all  the  powers  heretofore  vested  in  the  board  of 
education  of  the  City  of  St.  Paul,  are  hereby  continued  in  force,  as  amended 
by  section  eleven  (11)  of  chapter  seven  (7)  of  Special  Laws  of  1891,  and  as 
modified  or  amended  by  chapter  40  of  General  Laws  of  Minnesota  for  the 
year  1899.     Said  chapter  36  is  in  the  language  following: 

471.  Board   of   education — School   inspectors,  appointment   term,   bond. — 

"Section  1.  That  on  or  before  the  first  (1st)  day  of  May,  A.  D.  one  thousand 
eight  hundred  and  ninety-one  (1891)  seven  persons  shall  be  appointed  by  the 
mayor  of  the  City  of  St.  Paul  as  school  inspectors  of  the  City  of  St.  Paul. 
Eath  of  said  school  inspectors  shall  be  a  qualified  elector  of,  and  shall  have 
resided  in,  said  city  at  least  four  (4)  years  prior  to  the  date  of  his  appoint- 
ment. Three  (3)  of  said  inspectors  so  appointed  shall  hold  said  office  for 
the  term  of  one  (l)  year  and  two  (2)  for  the  term  of  two  years  and  two  (2) 
for  the  term 'of  three  years,  and  until  their  successors  are  appointed  and 
qualified;  and  thereafter  all  school  inspectors  shall  be  appointed  by  the  mayor 
on  or  before  the  first  (1st)  day  of  March  in  each  year  for  the  term  of  three 
years,  unless  to  fill  a  vacancy  by  reason  of  death,  resignation,  removal  or 
otherwise,  and  then  only  for  the  unexpired  term. 

"Every  person  who  shall  hereafter  be  appointed  to  the  office  of  school 
inspector  of  said  city  shall,  before  he  enters  upon  the  duties  of  his  office,  take 
and  subscribe  an  oath  to  the  effect  that  he  will  support  the  constitution  of  the 
United  States  and  of  the  State  of  Minnesota,  and  promptly  and  faithfully 
discharge  the  duties  of  his  office,  and  file  the  same  with  the  comptroller  of 
the  City  of  St.  Paul;  and  in  case  any  person  so  appointed  to  said  office  shall 
omit  to  take  and  subscribe  such  oath,  and  file  the  same  as  aforesaid,  for  the 
period  of  five  (5)  days  next  after  said  appointment,  such  default  shall  be 
taken  as  a  refusal  to  serve,  and  the  mayor  of  said  city  may  make  a  new 
appointment,  as  in  case  of  a  vacancy  in  said  board. 

"The  board  of  education  as  now  constituted  and  organized  shall  so  re- 
main until  the  fifteenth  (l.'jth)  day  of  May,  A.  D.  one  thousand  eight  hundred 
and  ninety-one  (1891),  at  which  date  the  term  of  all  the  members  of  the  ex- 
isting board  of  education  now  holding  office,  or  who  may  be  appointed  prior 
to  that  date,  shall  expire. 

472.  Officers  of  board — Board  not  a  corporation — City  an  mdependent 
school  district. — "Sec.  2.  The  several  school  inspectors  of  the  City  of  St.  Paul, 
appointed  under  this  act,  shall  meet  on  the  fifteenth  (l.'ith)  day  of  May,  A.  D. 
one  thousand  eight  hundred  and  ninety-one  (1891)  and  on  the  second  (2d) 
Tuesday  of  March  of  each  and  every  year  thereafter,  for  the  purpose  of  elect- 
ing a  president  and  vice  president  from  their  number,  and  a  secretary  for 
the  board,  whose  term  of  office  shall  be  one  (1)  year,  and  until  their  succes- 
sors are  elected  and  qualified.  They  shall  also  elect  a  superintendent  of  the 
public  schools  of  said  city,  at  their  meeting  in  June,  one  thousand  eight  hun- 
dred and  ninety-two  (1892),  whose  term  of  office  shall  be  two  (2)  years,  all 
of  whom  sliall   serve  until  their  successors  arc  elected   and  iinalitied;   jirovided. 


lis  CilARTKR  Ul'   CITY  (Jl-  ST.  PAUL. 

however,  that  if  the  organization  of  the  board  of  inspectors  shall  not  be  com- 
pleted at  the  time,  it  may  be  completed  at  any  future  meeting.  The  president 
so  elected  shall  be  the  president  of  the  board,  and  shall  preside  at  all  meetings 
thereof,  and  shall  perform  all  other  duties  as  in  this  act  provided.  The  vice 
president  shall  preside  at  all  meetings  of  this  board  when  the  president  is 
absent.  The  secretary  shall  keep  a  true  record  of  the  proceedings  of  said 
board  and  perform  such  other  duties  as  herein  provided  and  as  may  be  or- 
dered by  said  board.  Said  board  so  constituted  and  organized  shall  have, 
possess  and  exercise,  under  the  supervision  ,and  direction  of  the  said  city,  all 
the  powers  and  rights  that  have  been  and  now  are  vested  in  the  board  of 
education  of  the  City  of  St.  Paul,  except  the  right  and  power  to  be  a  corpora- 
tion, and  except  as  may  be  otherwise  ordained  by  the  City  of  St.  Paul,  under 
and  in  pursuance  of  the  provisions  of  this  act.  From  and  after  the  fifteenth 
(15th)  day  of  May  of  the  year  one  thousand  eight  hundred  and  ninety-one 
(1891),  the  board  of  education  of  the  City  of  St.  Paul  shall  cease  to  be  a  cor- 
poration with  power  to  sue  or  be  sued,  plead  or  be  impleaded,  and  the  board 
of  inspectors  hereby  authorized  and  created  shall,  as  the  head  of  the  exe- 
cutive branch  of  the  government  of  the  City  of  St.  Paul,  execute  all  the 
powers  vested  by  this  act,  or  by  the  general  laws  of  the  state  in  any  school 
district,  or  in  the  City  of  St.  Paul  as  a  separate  and  independent  school  dis- 
trict, and  no  other  powers.  And  .said  board  of  inspectors  shall  have  power 
to  adopt  such  rules  and  regulations  for  its  own  government  as  it  shall  deem 
best,  not  inconsistent  with  the  intent  and  provisions  of  this  act. 

"The  City  of  St.  Paul  shall  be  and  hereby  is  made  a  separate  and  inde- 
pendent school  district,  and  vested  with  power  to  contract  and  be  contracted 
with,  sue  and  be  sued,  and  with  all  the  powers  and  rights  specified  in  a/iy 
general  law  of  the  State  of  Minnesota,  in  relation  to  school  districts  in  all 
matters  pertaining  to  public  schools  in  said  city,  and  said  powers  shall  be 
exercised  by  and  through  said  board  of  school  inspectors  solelv  under  the 
legislative  department  of  government  of  the  City  of  St.  Paul,  except  as  in 
this  act  otherwise  provided.     And  all  such  public  schools  shall  be  free. 

473.  Annual  report  to  mayor — School  year — Appointment  of  teachers. — 

"Sec.  3.  It  shall  be  the  duty  of  the  board  of  school  inspectors  organized  un- 
der this  act  to  make  a  report  to  the  mayor  of  the  City  of  St.  Paul  on  or  be- 
fore the  first  (1st)  day  of  June  in  each  year  after  the  year  one  thousand  eight 
hundred  and  ninety-one  (1891),  showing  the  number  of  school  children  that 
have  attended  each  of  the  free  schools  in  said  city  and  school  districts  during 
the  school  year  preceding  which  yeai-  shall  extend  from  the  first  (1st)  day  of 
September  to  the  first  (1st)  day  of  July,  the  number  of  teachers  and  other 
employes  that  have  been  employed  in  the  free  or  public  schools  and  the 
salary  or  compensation  paid  to  each,  and  to  give  a  list  f,f  the  names  of  all 
persons  employed  and  the  amount  of  compensation  received  by  e.ach  person 
during  the  past  year. 

"Said  report  shall  specify  the  monthly  compensation  that  they  recom- 
mend to  be  paid  to  each  of  the  teachers  or  class  of  teachers  of  said  public 
schools  or  other  employes  for  the  following  school  year.  Provided,  that  as 
far  as  practicable  it  shall  be  the  duty  of  said  inspectors  in  each  year  to 
appoint,  not  later  than  June  fifteenth  (15th)  all  the  teachers  fnr  tlie  next 
ensuing  school  year,  and  notify  each  teacher  thereof. 

"The  mayor  shall  transmit  the  same,  with  his  approval  or  disapproval 
thereof,  or  such  other  recommendations  as  he  may  make  in  relation  thereto, 
to  the  common  council  of  the  City  of  Si.  Paul,  to  be  convened  for  the  pur- 
pose of  acting  upon  the  same,  within  ten   (10)  days  thereafter. 

474.  Council  action  on  report — Compensation  of  teachers — Term  of  ser- 
vice.— "The  common  council  shall,  by  ordinance,  have  the  power  to  reduce 
the  aggregate  or  total  amount  of  all  the  salaries  for  the  ensuing  school  year, 
specifying  the  amount  to  be  taken  from  the  salaries  of  the  teachers  and  the 
amount  from  other  employes,  but  shall  not  have  the  power  to  increase  or 
raise  the  same,  or  to  fix  the  amount  to  be  paid  to  any  particular  teacher 
or   other   employe   or  to   any   specific   class   of   teachers    (but   the   board   of   in- 


THE  FREE  PUBLIC  SCHOOLS.  119 

specters  in  these  respects  shall  have  exclusive  control),  and  the  aggregate 
amount  of  the  reduction  from,  the  aggregate  compensations  to  be  allowed  and 
paid  the  school  teachers  or  other  employes  for  the  ensuing  year  shall  be 
apportioned  among  said  teachers  and  employes  by  the  board  of  inspectors, 
in  such  manner  as  said  board  shall  deem  just  and  most  conducive  to  the 
public  welfare;  and  the  amount  of  compensation  to  each  teacher  and  each 
class  of  teachers  and  employes,  thus  fixed,  shall  be  paid  to  the  teachers  and 
employes  of  the  school  district  and  City  of  St.  Paul  for  the  ensuing  year, 
and  shall  be  paid  monthly  by  a  requisition  of  the  president  of  the  board  of 
inspectors  upon  the  comptroller,  who  shall  issue  his  warrants  on  said  requisi- 
tion upon  said  treasurer,  as  in  this  act  provided.  Teachers  appointetd  by  the 
said  inspectors  shall  serve  during  the  pleasure  of  the  inspectors,  and  shall 
not  be  subject  to  an  annual  election;  provided  that  all  teachers  so  appointed 
have  taught  successfully  in  the  schools  of  St.  Paul  for  at  least  one  (1)  year; 
and  provided,  further,  that  the  salaries  of  all  teachers  and  other  employes 
shall  be  fixed  annually,  as  provided  in  section  three   (Ti). 

475.  New  schools — Purchase  of  sites  and  erection  of  buildings,  who  to 

act.— "Said  board  of  inspectors  shall  also,  in  said  report,  state  the  number  of 
sittings  for  school  children  in  the  various  public  scho(jl  buildings,  and  in  the 
high  school  building  of  said  city,  and  shall  state  whether  or  not,  in  their 
judgment,  any  more  sittings  are  required  for  the  ensuing  year,  and  if,  in  their 
opinion,  additional  sittings  are  required,  they  shall  state  in  what  particular 
locality  of  the  city  a  building  may  be  erected  that  will  accommodate  the  larg- 
est number  of  children  for  whom  provision  is  not  already  made,  and  specify, 
as  near  as  they  may  be  able,  what  the  cost  by  purchase  or  condemnation  will 
be,  of  a  suitable  site  for  a  school  building,  as  well  as  the  cost  of  a  suitable 
building  to  be  erected  thereon.  The  common  council  shall,  whenever  the 
conditions  of  the  funds  derived  from  the  school  tax,  levied  and  collected,  as 
provided  by  law,  or  whenever  any  other  fund  in  the  city  treasury  is  available 
for  such  purpose,  therupon,  by  a  three-fourths  (}i)  vote,  order  the  mayor 
and  president  oi  the  board  of  education  to  proceed  to  obtain  such  a  site  and 
erect  a  suitable  building  thereon,  in  accordance  with  plans  and  estimates  to 
be  provided  by  the  said  board  of  inspectors.  Proposals  for  furnishing  the 
material  and  for  the  erection  and  construction  of  said  building,  and  for  the 
grading  and  preparing  the  ground  for  the  erection  thereof,  shall  be  adver- 
tised for  by  the  mayor  and  president  of  said  board  of  inspectors  for  at  least 
three  (3)  successive  weeks,  once  in  each  week,  specifying  the  kind,  amount  of 
material  required,  the  amount  and  character  of  the  work  to  be  performed, 
and  giving  as  fully  as  may  be  all  the  details,  both  as  to  material  and  work 
to  be  done,  and  state  that  the  contract  for  furnishing  said  building  and  doing 
said  work  shall  be  awared  to  the  lowest  responsible  bidder,  and  giving  the 
time  and  place  when  and  where  said  proposals  will  be  received  and  opened. 
And  at  the  time  and  place  designated  in  said  notice  all  proposals  received  for 
furnishing  said  material,  and  for  doing  said  work  in  the  erection  and  con- 
struction of  said  building,  and  in  grading  and  repairing  the  ground  for  the 
same,  shall  be  opened  in  the  presence  of  the  bidders,  if  they  desire  to  attend, 
and  in  any  event,  shall  be  publicly  opened,  and  the  contract  for  furnishing 
said  material,  and  for  the  erection  and  construction  of  said  building,  and  grad- 
ing and  preparing  the  site  for  the  same  shall  be  awarded  and  let  to  the  lowest 
responsible  bidder  who  shnll  be  rc(|uired  to  give  bonds,  with  good  and  suf- 
ficient surety  or  sureties,  as  rccjuircd  by  law,  to  furnisii  said  material  and 
perform  said  work  in  accordance  with  the  terms  of  said  contract.  Before  the 
proposals  are  advertised  plans  and  .specifications  for  said  building  shall  be 
filed  with  the  secretary  of  the  board  of  inspectors,  and  shall  be  opened  to  the 
inspection  of  all  people,  and  especially  those  who  desire  to  bid  upon  said 
contract.  When  said  bids  are  opened  a  list  shall  be  made  of  all  the  bids  re- 
ceived, and  the  same  shall  be  filed  in  the  ofifice  of  the  city  comptrolUT. 

476.  Contracts  for  sites  and  buildings. — "AH  contracts  for  tlic  purchase 
of  sites  for  school  hnildin'-rs  and  for  \hv  iTcclion  and  co^^trul.■lion  of  school 
bnildiiK's,  and   niaterial    to   lie   used   in   the   same,   shall   hv   exccnti-d   by   and  be- 


120  CHARTER  OF  CITY  OF  ST.  PAUL. 

tween  the  contractor  and  the  City  of  St.  Paul,  and  the  amount  of  money 
to  be  paid  to  any  contractor  shall  be  paid  from  the  city  treasury  upon  the 
warrants  of  the  said  comptroller,  based  upon  a  requisition  drawn  upon  him 
by  the  mayor  of  the  city  and  the  president  of  the  board  of  inspectors,  which 
requisition  shall  specify  the  contract  upon  which  the  money  required  is 
drawn,  the  whole  amount  of  money  that  will  become  due  upon  said  contract 
and  the  proportion  of  the  same  that  has  already  been  paid,  including  the 
requisition  drawn. 

"All  expense  incurred  by  the  board  of  inspectors  in  procuring  and 
furnishing  plans  and  estimates  for  school  buildings  shall  be  paid  for  from  the 
city  treasury  by  warrant  drawn  by  said  city  comptroller  upon  the  city  treas- 
ury based  upon  a  rcciuisition  signed  by  the  president  of  the  board  of  inspec- 
tors. 

477.  Building  inspector,  appointments,  duties. — "Sec.  4.  Whenever  any 
school  building  is  ordered  erected  or  constructed  by  the  common  council  for 
the  City  of  St.  Paul,  a  building  inspector  shall  be  appointed  by  the  mayor  and 
confirmed  by  the  council,  whose  duty  it  shall  be  to  thoroughly  examine  and 
inspect  the  work  upon  said  building,  as  well  as  said  building  when  completed, 
and  who,  before  any  requisition  is  drawn  for  the  payment  or  part  payment 
of  materials  furnished  and  work  done,  shall  report,  over  his  own  signature, 
that  the  materials  furnished  and  the  work  done  upon  said  buildings  has  been 
furnished  and  done  in  accordance  with  the  plans  and  specifications  therefor; 
and  when  said  building  is  completed,  he  shall  make  a  final  report  to  the  com- 
mon council,  over  his  signature,  specifying  fully  the  kind  and  amount  of  ma- 
terial that  has  been  used,  and  the  manner  in  which  said  building  has  been 
erected  and  constructed. 

478.  Custody  of  school  property — Title  to  same  vested  in  city. — "Sec.  5. 
The  board  of  school  inspectors  shall  have  the  care,  custody  and  control  of  all 
the  school  buildings  and  school  property  in  said  school  district  and  in  the 
City  of  St.  Paul,  including  the  sites  and  public  properties  pertaining  to  the 
public  or  free  schools  of  said  city,  including  those  that  prior  to  the  passage 
of  this  act  were  under  the  control  of  the  board  of  education,  and  shall  see  that 
the  same  are  faithfully  and  properly  cared  for  and  protected.  Said  board 
shall  appoint  janitors  and  watchmen  of  said  buildings,  and  the  police  depart- 
ment of  said  City  of  St.  Paul  and  each  policeman  thereof  is  charged  with  the 
duty  of  especially  and  carefully  protecting  said  school  property  and  school 
buildings  in  every  respect.  Said  school  buildings  and  the  sites  on  which 
they  are  erected,  and  all  property  pertaining  to  the  public  and  free  schools 
of  the  City  of  St.  Paul  which  has  been  and  is  now  in  the  possession  of  the 
board  of  education  of  the  City  of  St.  Paul,  as  a  corporation,  is  hereby  di- 
vested from  said  board  of  education  and  vested  in  the  City  of  St.  Paul  in 
trust,  for  the  uses  and  purposes  of  education  solely,  and  shall  be  held  for 
such  purposes  and  used  by  said  city  forever,  unless  otherwise  provided  by 
law. 

479.  School   tax    levy — Restrictions    on    power   to    create    indebtedness. — 

"Sec.  6.  The  expense  of  the  public  schools  of  the  City  of  St.  Paul  shall  not  in 
any  year  exceed  the  amount  of  money  appropriated  and  set  apart  therefor 
by  the  common  council  of  said  city,  and  the  common  council  of  said  city  is 
hereb3^  prohibited  from  making  any  greater  tax  levy  in  any  one  year  for  the 
support  and  maintenance  of  the  public  and  free  schools  of  said  city  than  two 
and  one-half  (2^2)  mills  on  a  dollar,  nor  less  than  two  (2)  mills  on  the  dollar 
on  all  property  on  the  assessment  roll;  out  of  which  amount  said  council  may 
set  apart  one-half  (]/>)  mill  on  the  dollar  for  the  erection  of  additional  build- 
ings for  school  purposes  or  for  creating  a  fund  that  shall  be  set  apart  for 
that  purpose  exclusively.  And  said  board  of  inspectors  shall  have  no  power  or 
authority  to  create  any  indebtedness  against  the  City  of  St.  Paul,  or  to  pledge 
the  faith  and  credit  of  said  city  in  any  respect  whatever  until  after  the  com- 
mon council  or  legislative  department  of  the  city  government  has,  by  ordi- 
nance, ordained  what   the  expenditures  for  school  purposes  in  said  city  for  the 


THE  FREE  PUBLIC  SCHOOLS.  121 

school  year  shall  be,  and  then  only  to  the  extent  of  the  amounts  so  set  apart 
by  ordinance  for  school  purposes  each  year;  and  in  no  year  shall  the  aggre- 
gate amount  set  apart  exceed  an  amount  greater  than  two  and  one-half  (2^) 
mills  on  a  dollar  of  the  propertj^  assessed  for  taxation  in  said  city  for  such  a 
year,  and  any  violation  of  this  provision  shall  be  a  misdemeanor,  and  upon 
conviction  any  party  violating  the  same  shall  be  punished  by  imprisonment 
in  the  county  jail  for  six  (6)  months. 

480.  Monthly  reports  to  mayor  and  council — Limitations  on  council. — 
"Sec.  7.  It  shall  be  the  duty  of  said  board  of  school  inspectors,  at  the  end  of 
each  month  during  the  progress  of  the  schools,  to  report  to  the  mayor  the 
number  of  children  who  have  been  in  attendance  during  the  month,  the  pro- 
gress that  had  been  made  in  the  various  schools,  the  failures  on  the  part  of 
any  teacher  to  perform  his  or  her  duty,  and  what  action  the  board  of  school 
inspectors  has  taken  on  account  thereof,  and  upon  any  and  all  matters  re- 
lating to  the  progress  and  efficiency  of  the  schools;  which  report  shall  be 
transmitted  by  the  mayor  at  the  earliest  time  practicable  to  the  common 
council  of  the  city.  The  common  council  of  the  city  shall  not  have  the  power 
to  employ  or  dismiss  any  teacher  or  employe,  or  to  exercise  any  control  over 
the  board  of  school  inspectors  as  to  what  particular  teacher  or  teachers  or 
employes  they  shall  at  any  time  employ  or  dismiss;  and  shall  be  limited  in  its 
power  in  this  respect;  to  determine  the  amount  of  money  to  be  expended  for 
school  purposes,  which  shall  not  in  any  one  year  exceed  the  amount  that  may 
be  realized  by  a  levy  of  two  and  one-half  (23^)  mills  upon  the  dollar  upon 
the  assessed  valuation  of  all  taxable  property  in  said  school  district  and  in 
said  city  of  St.  Paul,  in  addition  to  all  other  funds  derived  from  other  sources 
and  applicable  to  purposes  of  education  within  said  city. 

481.  School  supplies,  how  purchased — School  property  vested  in  city  for 
school  purposes. — "Sec  8.  All  supplies  for  the  board  of  inspectors  shall  be 
purchased  by  a  committee  consisting  of  the  mayor  of  the  City  of  St.  Paul,  the 
president  of  the  common  council  of  said  city  and  the  city  treasurer.  A  state- 
ment of  the  amount  of  supplies  required  for  the  ensuing  year  shall  be  made 
by  the  board  of  inspectors  on  or  before  the  first  (1st)  day  of  July  in  each  and 
every  j^ear,  which  statement  shall  be  signed  by  said  school  inspectors  and  de- 
livered to  the  mayor  of  the  City  of  St.  Paul;  and  the  said  mayor,  president 
of  the  council  and  city  treasurer  shall  thereupon  advertise  for  proposals  for 
furnishing  said  supplies,  specifying  what  supplies  are  required  and  the  place 
when  and  where  sealed  proposals  for  furnishing  the  same  will  be  opened. 
Said  advertisement  shall  be  published  for  two  (2)  weeks  successively  in  one 
or  more  newspapers  published  in  the  City  of  St.  Paul,  and  specify  the  time 
and  place  when  and  where  sealed  bids  or  proposals  shall  be  opened. 

"At  such  time  and  place  said  officers  shall  attend  and  publicly  open  the 
proposals  received  for  furnishing  said  supplies,  and  shall  award  the  contract 
for  furnishing  the  same  to  the  lowest  responsible  bidder  therefor,  and  enter 
into  a  contract  with  him  for  furnishing  said  supplies.  Said  supplies  shall  be 
delivered  to  the  said  board  of  school  inspectors  at  such  time  and  place  and 
school  buildings  in  said  city  as  may  be  from  time  to  time  required  by  said 
board.  But  nothing  in  this  act  shall  be  construed  to  extend  to  material  to  be 
used  in  the  erection  and  construction  of  school  buildings  or  in  the  repair  of 
school  buildings. 

"All  public  school  buildings,  all  real  estate  and  all  property  of  every 
name  and  nature  heretofore  acquired  by  the  board  of  education,  either  as  in- 
dividuals or  corporations,  by  or  through  the  use  of  funds  acquired  by  the  sale 
of  bonds,  certificates  (of)  or  other  securities  for  the  payfnent  of  which  the 
faith  and  credit  of  the  City  of  St.  Paul  or  said  board  of  education  is  pledged, 
shall  be  and  hereby  is  transferred  to  and  vested  in  the  City  of  St.  Paul,  to 
have  and  to  hold  for  the  sole  and  exclusive  use  and  for  the  support  and 
maintenance  of  all  free  common  and  public  schools  therein  forever;  and  the 
foregoing  provisions  shall  extend  to  the  high  school  Iinildin.o:  in  said  city. 
and  tlic  lands  and  i)roiHM-ty  coiniected  fherewitli. 


122  CHARTER  OF  CITY  OF  ST.  PAUL. 

482.  Schdol  bonds  and  indebtedness,  city  to  pay. — "Sec.  9.  The  City  of 
St.  Paul  is  hcrewilli  charged  witli  tlic  payment  of  all  bonds  heretofore  issued 
by  the  board  of  education  of  said  city,  as  well  as  all  legal  outstanding  and 
floating  liabilities,  and  is  hereby  required  to  make  provision  for  the  payment 
of  the  same  from  time  to  time  as  they  shall  become  due  and  payable,  out  of 
the  city  treasury,  in  the  same  manner*as  other  city  indebtedness  is  paid. 

483.  Limitations  on  contract  and  debt  creating  powers  of  school  board. 

— "Sec.  10.  An  act  tu  amend  and  consolidate  the  several  acts  relating  to  the 
board  of  education  of  the  City  of  St.  Paul,  approved  February  twenty-sixth 
(26th),  A.  D.  one  thousand  eight  hundred  and  eighty-seven  (1887),  and  the 
acts  to  amend  sections  four  (4),  nine  (9),  ten  (10)  and  eighteen  (18)  of  an 
act  entitled  'An  act  to  amend  and  consolidate  the  several  acts  relating  to  the 
board  of  education  of  the  City  of  St.  Paul,'  approved  February  twenty-first 
(21st),  one  thousand  eight  hundred  and  eighty-nine  (1889),  are  hereby  re- 
pealed, save  that  all  powers  heretofore  vested  in  the  board  of  education  are 
continued  in  force  until  tlje  first  (1st)  Monday  in  June,  one  thousand  eight 
hundred  and  ninety-one  (1891);  and  provided  further,  that  the  said  board  of 
education  shall  have  no  power  after  the  passage  of  this  act  to  purchase  real 
estate  for  school  sites,  to  contract  for  the  erection  of  school  buildings  or  the 
purchase  of  school  supplies,  or  to  pledge  the  faith  and  credit  of  the  City  of 
St.  Paul  to  the  payment  of  any  debts  on  any  account  whatever,  except  for  the 
monthly  compensation  of  school  teachers  and  employes  employed  in  said 
district  and  the  current  expenses  incur.ed  for  full  care  and  protection  of  the 
school  buildings  and  school  property,  and  then  only  to  the  extent  and  in  the 
manner  herein  authorized. 

484.  Monthly  reports  of  comptroller  and  treasurer. — "Sec.  11.  On  the 
second  (2d)  Monday  of  each  and  every  month  the  treasurer  and  comptroller 
of  the  City  of  St.  Paul  shall  report  in  detail  to  the  secretary  of  said  board  of 
inspectors,  which  report  shall  be  laid  before  said  board  at  their  next  meeting, 
the  amount  of  all  public  funds  in  the  treasury  of  said  citj-  belonging  to  and 
set  apart  for  educational  purposes,  and  to  what  particular  funds  or  accounts 
the  same  is  accredited. 

485.  School  inspectors  or  employes  to  have  no  interest  in  contracts, 
etc. — Penalty. — "Sec.  12.  That  no  member,  ofticer  or  employe  of  said  board 
of  inspectors,  and  no  officer  of  said  City  of  St.  Paul,  while  acting  as  such, 
shall  directly  or  indirectly  be  a  party  to  or  interested  or  concerned  m  any 
contract  or  job  which  said  board  of  inspectors  or  the  City  of  St.  Paul,  or  in 
any  work  prosecuted  by  its  authority,  or  in  the  compensation  to  be  received 
therefor,  or  in  the  furnishing  of  supplies,  fuel  or  transactions  prohibited 
aforesaid,  shall  be  void,  and  all  moneys  or  other  articles  purchasable  for  the 
use  of  said  board;  and  any  contract  which  may  be  paid  thereon  by  said  board 
of  inspectors  or  the  City  of  St.  Paul  may  be  recovered  back  and  such  officer 
shall  be  deemed  guilty  of  malfeasance  in  the  office,  and  upon  conviction  there- 
of the  office  of  any  such  member,  officer  or  employe  so  offending  shall  there- 
by become  vacant  and  he  shall  be  punished  also  by  a  fine  not  exceeding  five 
hundred  (500)  dollars  or  by  imprisonment  in  the  count}'  jail  of  Ramsey 
county,  Minnesota,  not  exceeding  six  (6)  months. 

486.  Acts  of  legislature,  hovi^  to  be  construed. — "Sec  !.''>.  The  president 
of  said  board  of  inspectors  and  each  of  said  inspectors  shall  perform  and 
comply  with  each  and  all  of  the  provisions  of  that  certain  act  of  the  legis- 
lature of  the  State  of  Minnesota  for  the  year  one  thousand  eight  hundred  and 
ninety-one  (1891)  entitled  'An  act  to  amend  the  charter  of  the  City  of  St. 
Paul,  the  same  being  an  act  entitled  to  reduce  the  law  incorporating  the  City 
of  St.  Paul  in  the  county  of  Ramsey  and  State  of  Minnesota,  and  the  several 
acts  amendatory  thereof,  and  certain  other  acts  relating  to  said  city,  into  one 
act,  and  to  amend  the  same,'  which  act  was  approved  March  fifteenth  (15th), 
one  thousand  eight  hundred  and  seventy-four  (1874),  and  the  acts  amerid- 
atory  thereof  and  supplemental  thereto,  so  far  as  the  same  impose  any  duties 
or  restrictions  upon   said  president  or  any  of  said  inspectors. 


THE   FREE   PUBLIC  SCHOOLS.  123 

"No  general  or  special  act  hereinafter  enacted  except  such  as  limit  the 
authority  to  be  exercised,  or  the  amounts  to  be  expended  by  the  inspectors 
herein  mentioned,  shall  be  construed  as  repealing,  amending,  or  to  in  any 
manner  affect  any  of  the  provisions  of  this  act,  unless  special  reference  is 
therein  made  in  this  act. 

487.  City  treasurer  to  receive  school  moneys. — "Sec.  14.  Said  City  of 
St.  Paul  as  such  separate  and  independent  school  district  is  hereby  author- 
ized and  empowered,  through  the  treasurer  of  said  city,  to  apply  for  and  re- 
ceive from  the  county  treasurer  or  such  other  officer  as  may  have  the  same, 
any  and  all  moneys  appropriated  and  received  for  public  schools  v^'ithin  said 
district  by  reason  of  any  general  or  special  law  of  this  state,  and  such  county 
treasurer  or  other  officer  or  officers,  as  may  have  such  money,  are  hereby 
authorized  and  directed  to  pay  the  same  to  the  city  treasurer  of  the  said  City 
of  St.  Paul,  who  shall  rece^ive  the  same  for  the  purposes  herein  provided. 

488.  Wrongful  acts  of  school  inspectors  or  officers — Willful  intent  need 
not  be  shown. — "'Sec.  15.  Any  vote,  neglect,  act,  or  omission  b^-  or  on  the 
part  of  any  member  of  said  board  or  any  officer  thereof,  as  in  this  act  pre- 
scribed, or  prohibited,  as  the  case  may  be,  shall  be  prima  facie  evidence  that 
the  same  was  done  with  willful  intent  to  evade  the  provisions  of  this  act, 
and  upon  the  prosecution  of  any  person  for  the  commission  of  any  offense 
in  this  act  defined,  it  shall  not  be  necessary  to  prove  that  willful  intent  of  the 
person  offending,  and  upon  such  prosecution,  when  the  wrongful  vote  or  act 
or  omission  being  shown,  the  willful  intent  shall  be  presumed  until  the  con- 
trary appears. 

489.  Habitual  truants,  duty  of  school  board  and  city  police. — "Sec.  16. 
Said  board  of  school  inspectors  are  authorized  and  empowered  to  make  such 
provisions  and  rules  concerning  children  properly  enrolled  upon  the  registers 
of  the  public  schools  within  said  district,  who  have  become  habitual  truants 
and  who  are  between  the  ages  of  eight  (8)  and  sixteen  (16),  as  will  reason- 
ably tend  to  compel  their  attendance  in  such  schools;  provided,  such  truant 
shall  have  no  lawful  occupation  or  business,  and  are  growing  up  in  ignorance 
and  said  board  of  school  inspectors  may  require,  and  it  shall  be  the  duty  of 
the  police  of  the  City  of  St.  Paul  to  assist  in  the  enforcement  of  said  rules 
and  regulations." 

The  provisions  of  section  eleven  (11)  of  chapter  seven  (7)  of  the  Special 
Laws  of  1891  are  as  follows: 

"On  and  after  June  first  (1st)  one  thousand  eight  hundred  and  ninety- 
one  (1891),  the  words  'the  president  of  the  board  of  education'  found  in  said 
act,  approved  March  twenty-fourth  (24th),  one  thousand  eight  hundred  and 
ninety-one  (1891),  shall  be  taken  and  construed  to  mean  the  president  of  the 
school  inspectors,  and  the  board  of  education  shall  be  taken  and  construed 
to  mean  the  school  inspectors." 

"Sec.  2.  The  provisions  of  chapter  40  of  the  General  Laws  of  Minnesota 
for  1899,  approved  March  6,  1899,  and  entitled  "An  act  relating  to  public 
schools  in  cities  of  over  fifty  thousand  (50  000)  inhabitants,  and  to  provide 
funds  therefor,"  are  also  hereby  continued  in  force  and  adopted  and  made 
applicable  to  the  City  of  St.  Paul  as  a  part  of  this  charter.  Said  chapter  is  in 
the  language  following: 

490.  School  tax  levy,  additional  amount  authorized. — "Sec.  1.  Cities 
now  or  hereafter  having  over  fifty  thousand  (50,000)  inhabitants  are  hereby 
empowered,  to  raise  annually  by  taxation,  independently  of,  and  in  addition 
to  other  sums  for  school  purposes,  authorized  by  law,  an  amount  not  exceed- 
ing one  and  one-half  (IH)  mills  on  each  dollar  of  the  assessed  valuation  of 
taxable  property  within  such  city  for  the  purchase  of  school  sites  and  the 
erection,  repair,  furnishing  and  fitting  of  public  school  buildings  and  the  gen- 
eral maintenance  of  the  public  schools  within  such  city,  and  to  appropriate 
the  same  to  such  or  any  of  such  uses;  provided  that  such  sum,  to  the  extent 
of  f)nc  d)   mill  on   each  dollar  of  valu.itinn  only.  m;iy  be  appropriated  to  gen- 


124  CHARTER  OF  CITY  OF  ST.  PAUL. 

eral  maintenance,  and  the  remai/ider  thereof  shall  be  applicable  to  the  erec- 
tion, repair,  furnishing  and  fitting  of  school  buildings  and  the  acquisition  of 
school  sites,  or  one  or  more  of  such  uses,  but  shall  be  appropriated  to  no 
other  purpose. 

"Sec.  2.  This  act  shall  be  construed  as  an  independent  and  separate  grant 
of  power,  and  shall  in  no  wise  supersede  existing  provisions  of  law  for  rais- 
ing revenue  for  the  support  of  schools,  whether  under  general  or  special  laws, 
but  the  power  here  given  may  also  be  exercised  concurrently  with  other 
powers  and  to  provide  a  greater  revenue  for  the  schools  within  such  city, 
limitations  of  power  under  existing  laws  notwithstanding. 

"Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage." 

Under  and  according  to  the  provisions  of  said  chapter  forty  (40)  the  com- 
mon council  of  the  City  of  St.  Paul  is  hereby  empowered  to  raise  annually  by 
taxation,  independently  of  and  in  addition  to  other  sums  for  school  purposes, 
authorized  by  law,  an  amount  not  exceeding  one  and  one-half  (1^)  mills  on 
each  dollar  of  the  assessed  valuation  of  taxable  property  within  such  city  for 
the  purchase  of  school  sites  and  the  erection,  repair,  furnishing  and  fitting  of 
public  school  buildings  and  the  general  maintenance  of  the  public  schools 
within  such  city,  and  to  appropriate  the  same  to  such  or  any  of  such  uses; 
provided,  that  such  sum,  to  the  extent  of  one  (l)  mill  on  each  dollar  of 
valuation  only,  may  be  appropriated  to  general  maintenance,  and  the  remain- 
der thereof  shall  be  applicable  to  the  erection,  repair,  furnishing  and  fitting 
of  school  buildings  and  the  acquisition  of  school  sites,  or  one  or  more  of  such 
uses,  but  shall  be  appropriated  to  no  other  purpose. 


THE  PUP.LIC  TvTBRARY.  125 

CHAPTER    XII. 

The   Public   Library. 

491.  Library  board — How  constituted — Appointment. — Section  1.  There 
is  hereby  established  a  board  of  Hbrar}-  directors,  of  the  City  of  St.  Paul,  for 
the  management  and  supervision  of  all  public  libraries,  '  reading  rooms, 
museums  and  galleries  of  art,  now  or  hereafter  existing  in  said  city,  and  all 
property  acquired  or  set  apart  for  the  use  or  maintenance  thereof,  and  for 
the  control  and  expenditure,  subject  to  the  provisions  of  this  charter  and  the 
laws  of  this  state,  of  all  moneys  Levied,  collected  or  received  for  such  pur- 
pose. 

Sec.  2.  Said  board  shall  consist  of  nine  directors  who  shall  serve  without 
compensation,  and  shall  be  chosen  from  the  citizens  at  large  of  said  city  with 
reference  to  their  fitness  for  such  office.  They  shall  be  appointed  by  the 
judges  of  the  district  court  in  and  for  the  Second  judicial  district,  county  of 
Ramsey  and  State  of  Minnesota,  by  a  majority  vote,  before  the  tenth  day  of 
July  in  each  year. 

492.  Term  of  office — Oath. — Sec.  3.  Each  of  said  directors  shall  hold  of- 
fice for  the  term  of  three  years,  and  until  his  successor  is  appointed  and  quali- 
fied, e-xcept  as  herein  provided.  Each  director  shall  take  and  file  with  the 
city  comptroller  at  the  time  of  his  appointment,  an  oath  to  faithfully  perform 
the  duties  of  his  office  and  trust. 

The  members  of  the  present  board  of  directors  of  the  public  library  shall 
constitute  the  first  board  hereby  established,  and  they  shall  serve  until  their 
successors  are  appointed  as  herein  provided. 

Prior  to  July  10th,  1900,  there  shall  be  appointed  three  directors,  who  shall 
serve  for  one  year,  three  directors  who  shall  serve  for  two  years,  and  three 
directors  who  shall  serve  for  three  years.  Thereafter,  one-third  of  the  mem- 
bers  of  said   board  shall    retire   and   be   appointed   annually. 

493.  Vacancies. — Sec.  4.  Vacancies  in  said  board,  occasioned  by  remov- 
als, resignations,  or  otherwise,  shall  be  filled  for  the  unexpired  term  so  va- 
cated in  like  manner  as  original  appointments  are  made. 

,  494.  Organization — Secretary — Control  of  library  fund  and  library  prop- 
erty— Branch  libraries. — Sec.  5.  Said  directors,  immediately  after  the  ap- 
pointments are  made  each  year,  shall  meet  and  organize  by  the  election  of 
one  of  their  number  as  president,  and  a  secretary,  who  may  or  may  not  be  a 
member  of  said  board,  and  by  the  election  of  such  officers  as  said  board  may 
deem  necessary.  The  secretary  shall  receive  a  salary,  whether  he  is  a  mem- 
ber of  the  board  or  not,  the  amount  of  which  shall  be  fixed  annually  by  the 
board. 

The  board  shall  make  and  adopt  such  by-laws,  rules  and  regulations,  for 
its  own  guidance  and  for  the  government  and  management  of  the  library, 
reading  room,  museum,  galleries  of  art,  and  the  properties  belonging  to  it,  or 
either  of  them,  as  may  be  expedient  and  not  inconsistent  with  this  charter. 

It  shall  have  the  exclusive  control  of  the  expenditure  of  all  moneys 
received,  collected  or  placed  to  the  credit  of  the  library  fund,  subject  to  the 
provisions  of  this  charter,  and  of  the  construction  of  all  buildings,  and  of  the 
supervision,  care  and  custody  of  the  grounds,  rooms,  or  buildings  construct- 
ed, owned,  leased  or  set  apart  for  its  use,  provided  that  all  moneys  received 
shall  be  deposited  in  the  treasury  of  said  city  to  the  credit  of  a  fund  to  be 
known  as  the  library  fund,  which  is  hereby  created  and  established,  and  shall 
be  kept  separate  and  apart  from  other  money  of  said  city,  and  shall  be  paid 
out  only  upon  the  properly  authenticated  vouchers  of  said  board. 

Said  board  shall  have  power  to  establish  and  maintain  branch  libraries  in 
said  city,  and  to  lease  and  provide  proper  rooms  for  the  use  of  said  library, 
its  braiich  libraries,  museums  and  galleries  of  art.  It  shall  have  power  to 
appoint  a  suitable  librarian  .-^nd  necessary  assistants,  and  such  employes  as  it 
deems  best,   and  to   fix  and  change   their  com])ensations  and   duties   fmm   time 


126  CHARTER  Ol'  CTTY  OF  ST.  PAUL. 

to    time,    and    to    remove    such    appointees    and    in    general    to    do    all    things 
requisite  and  necessary  to  carry  out  the  spirit  and  intent  of  this  charter. 

495.  Library  site  and  building — board  may  provide — Property  cannot  be 
diverted  to  other  purposes. — Said  board  shall  have  the  power  to  purchase 
ground  in  the  name  of  said  city,  and  erect  thereon  a  suitable  building  or 
buildings  for  the  use  of  said  library,  museum  and  galleries  of  art.  It  shall 
have  pow^er  to  accept,  or,  in  its  discretion,  to  decline,  donations  tendered,  as 
provi'ded  in  section  9  of  this  chapter,  and  for  the  purpose  of  maintaining  and 
augmenting  collections,  other  than  collections  of  printed  books  and  periodi- 
cals, may  in  its  discretion  expend  moneys  and  incur  obligations  not  exceed- 
ing in  any  one  year  ten  per  centum  of  the  whole  amount  paid  into  the 
library  fund  for  such  year. 

Said  board  shall  have  full  power  and  authority  to  improve,  lease  and 
let  any  and  all  property  set  apart  for  the  use  of  the  library,  or  otherwise 
acquired  for  the  purposes  herein  referred  to,  upon  such  terms  and  con- 
ditions, and  whenever  and  as  often  as  it  may  deem  best,  "and  to  execute  and 
deliver  leases  therefor  under  seal.  It  may  receive  and  enforce  subscriptions 
for  the  benefit  of  the  library,  and  may  adopt  a  seal. 

None  of  the  property  owned,  acquired  or  set  apart  for  the  use  of  the 
library  shall  ever  be  disposed  of  except  with  the  unanimous  consent  of  the 
board,  nor  shall  it  be  in  any  manner  diverted  from  the  uses  determined  upon 
by  the  board. 

49d.  Libraries,  reading  rooms,  etc.,  free  to  residents  of  city. — Sec.  6. 
Every  library,  reading  rcom,  n:u.<eura  and  gallery  of  art  established  or  main- 
tained under  this  .chapter  shall  forever  be  free  to  the  use  of  the  inhabitants 
of  said  city,  subject  to  such  reasonable  rules  and  regulations  as  said  board 
may  prescribe,  and  said  board  may  exclude  from  the  use  of  any  of  said  places 
any  and  all  persons  who  shall  willfully  violate  any  of  such  rules  or  regula- 
tions. Provided,  however,  that  'said  board  of  directors  shall  have  power,  in 
its  discretion,  to  admit  to  the  benefit  of  any  such  library  persons  not  resi- 
dent within  the  corporate  limits  of  said  city,  each  of  whom  shall  execute  a 
contract  in  writing,  in  the  form  of  a  bond  to  said  city,  to  be  approved  by 
said  board,  conditioned  to  make  good  all  damage  to  or  loss  of  books  issued  to 
them,  with  sufficient  sureties,  and  covenanting  that  the  persons  so  receiving 
the  benefit  of  the  library  shall  at  all  times  conform  to  all  the  laws,  rules  and 
regulations  governing  the  said  library.  And  such  non-resident  patrons  shall 
pay  for  such  privilege,  into  the  city  treasury,  for  the  use  of  said  board,  such 
sums,  at   such   times,  as  may  be  prescribed  by  said   board. 

497.  Annual  report — Power  of  council. — Sec.  7.  The  said  board  of  direc- 
tors shall  make  to  the  common  council  annual  reports  of  its  affairs  and  pro- 
ceedings, at  the  time  and  in  the  manner  prescribed  by  law  and  the  pro- 
visions of  this  charter. 

Sec.  8.  The  common  council  of  said  city  shall  have  power  to  pass  ordi- 
nances imposing  suitable  penalties  for  the  punishment  of  persons  committing 
injury  upon  such  library  or  other  property  under  the  management  of  said 
board,  and  for  injury  or  failure  to  return  any  book  nr  other  property  belong- 
ing to  said  library,  or  in  any  manner  connected  with  any  of  the  uses  herein 
provided  for. 

498.  Donations  may  be  accepted. — Sec.  9.  Any  person  desiring  to  make 
donations  of  money,  personal  property  or  real  estate,  for  the  benefit  of  such 
library,  or  for  the  establishment,  maintenance  or  enlargement  of  an  art  gal- 
lery or  museum  in  connection  with  such  library,  or  for  the  establishment, 
maintenance  or  endowment  of  public  lectures  in  connection  with  such  library, 
upon  any  subject  designated  by  the  donor  in  the  field  of  literature,  science 
and  the  arts  (except  that  lectures  in  the  interest  of  or  relating  to  party  poli- 
tics or  sectarian  religion  are  expressly  prohibited),  shall  have  the  right  to 
vest  the  title  to  the  money,  personal  property  or  real  estate  so  donated  in 
the  City  of  St.  Paul,  for  the  benefit  of  said  board*  of  directors  created  under 
this  charter,  to  be  held  and  controlled  by  such  board,  when  accepted  accord- 
ing to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such  property;  and  as 
to  such  property  the  board  shall  be  held  and  considered  to  be  special  tr,ustee. 


BOARD  OF  PARK  CO.M-M  ISSIOXERS.  127 

CHAPTER    Xlll. 

Public   Parks  and   Parkways. 

TITLE  I. 
Board   of   Park   Commissioners. 

499.  How  constituted. — Section  1.  There  shall  be  a  board  of  park  com- 
missioners, to  consist  of  tive  (5)  members,  appointed  as  hereinafter  provided, 
all  of  whom  shall  continue  in  office  until  the  expiration  of  their  several  terms 
and  until  their  successors  are  appointed  and  qualified,  as  provided  by  this 
chapter. 

500.  Appointments  and  qualifications — Vacancies. — Sec.  2.     The  members 

of  said  board  shall  be  residents  and  free  holders  of  the  city,  and  shall  be  ap- 
pointed by  the  mayor;  and  except  as  otherwise  provided  in  this  section,-  each 
member  shall  hold  his  office  for  the  term  of  five  years. 

It  is  hereby  made  the  duty  of  the  mayor  of  said  city,  at  the  expiration 
of  the  terms  of  office  of  the  two  present  members  of  said  board  whose  terms 
expire  first  after  this  charter  goes  into  effect,  to  appoint  three  (3)  persons  to 
be  members  of  said  board,  one  (1)  for  the  term  of  two  (2)  j'ears,  one  (1)  for 
.the  term  of  three  {?>)  years,  and  one  (1)  for  the  term  of  four  (4)  years.  And 
at  the  expiration  of  the  terms  of  office  of  the  two  present  members  of  said 
board  whose  terms  ne.xt  expire,  said  mayor  shall  appoint  two  (2)  persons 
to  be  members  of  said  board,  one  (1)  for  the  term  of  four  (4)  years  and  one 
(1)  for  the  term  of  five  (5)  years  and  thereafter,  upon  the  expiration  of  the 
terms  of  of^ce  of  the  members  of  said  board  so  appointed,  said  mayor  shall 
appoint  a  successor  to  each  of  said  members,  who  shall  hold  his  office  for  the 
term  of  five  (5)  years. 

Vacancies  in  said  board  shall  be  filled  by  appointment  bj-  the  maj'or  for 
the  unexpired  term  or  terms,  but  the  resignation  of  a  member  shall  not  take 
•effect  until  his  successor  shall  have  been  appointed  and  have  qualified. 

501.  Acceptance,  oath — Officers  and  employes. — Sec.  :!.  Each  person  ap- 
pointed a  member  of  said  board  shall,  before  entering  upon  the  discharge  of 
his  duties,  file  a  written  acceptance  and  oath  of  office  in  the  office  of  the 
■city  comptroller. 

The  said  board  shall,  at  its  first  regular  meeting,  after  the  first  Monday 
in  March,  in  each  year,  elect  from  its  members  a  president  and  a  vice  presi- 
dent. It  shall  also,  from  time  to  time,  appoint  and  employ  such  agents  and 
employes  as  it  shall  deem  necessary,  whose  compensation  shall  be  fixed  by 
the  board,  and  shall  be  paid  out  of  the  park  fund. 

502.  Secretary — Annual  reports. — Sec.  4.  The  city  clerk  shall  be  ex- 
officio  secretary  of  said  board,  and  shall  keep  an  accurate  record  of  all  the 
proceedings  of  said  board;  and  shall  be  authorized  and  empowered  to  admin- 
ister oaths  in  all  proceedings  under  this  chapter  and  incident  thereto. 

The  secretary  shall  submit  to  the  board,  in  the  month  of  January  of  each 
year,  a  report  of  the  transactions  of  the  board  at  its  meetings  during  the  last 
preceding  fiscal  year,  including  a  detailed  statement  of  the  receipts  and  ex- 
penditures of  the  board  during  such  period,  which  statement  shall  have  been 
first  submitted  to  the  city  comptroller,  and  approved  by  him  as  correct.  In 
the  same  month  the  board  shall  submit  to  the  common  council  a  report  of 
the  work  done  under  its  supervision,  during  the  last  preceding  fiscal  year, 
together  with  a  classified  and  tabulated  statement  of  the  expenditures  on  each 
and  all  of  the  parks  and  parkways,  for  maintenance  and  improvement,  re- 
spectively, giving  under  each  head  the  several  amounts  expended  for  labor, 
material  and  administration;  and  also  a  staetment  of  the  receipts  of  said  de- 
partment from  every  source.  The  last  named  report  shall  ho  deemed  the 
annual  reprt  of  the  board,  and  be  published  as  such. 


128  CHARTER  OF  CITY  nV  FT.  PAUL. 

503.  Contract  power  of  board. — Sec.  5.  Such  board  shall  have  a  com- 
mon seal,  and  shall  be  capable  of  entering  into,  performing  and  enforcing,  on 
behalf  of  the  city,  contracts  relating  to  matters  within  the  jurisdiction  of  the 
board.  All  such  contracts  shall  be  signed  by  the  president,  or  vice  president, 
and  secretary  of  the  board,  and  have  affixed  thereto  its  official  seal. 

Sec.  6.  Said  board  may  adopt  rules  governing  its  meetings  and  proceed- 
ings, and  the  duties  of  its  officers  and  emploj-es. 

504.  Quorum — Vote  on  acquiring  lands — No  compensation  to  members. 
— Sec.  7.  A  majority  of  the  members  of  the  said  board  shall  constitute  a 
quorum;  but  a  less  number  thereof  may  adjourn  a  meeting  from  time  to  time. 

An  affirmative  vote  of  four-fifths  (4-5)  of  all  the  members  of  the  board 
shall  be  necessary  for  designating  or  acciuiring  lands,  which  vote  shall  be 
taken  by  ayes  and  noes,  and  entered  in  full  on  the  records  of  the  board. 

Sec.  8.  Said  commissioners  shall  receive  no  compensation  for  their  ser- 
vices. 

505.  Contracts,  interest  in. — Sec.  9.  No  commissioner,  officer  or  other 
employe  of  said  board,  shall  be  interested  in  any  contract  made  under  au- 
thority of  said  board,  or  in  any  lands  to  be  acquired  by  said  board,  except 
that  if  any  commissioner  shall  be  the  owner  of  or  interested  in  any  lands 
which  may  be  designated  and  appropriated  under  the  provisions  of  this  chap- 
ter, or  be  entitled  to  receive  compensation  therefor,  as  provided  herein,  he 
shall  not  act  officially  in  respect  to  any  matter  in  which  he  shall  be  pecuni- 
arily interested. 

506.  Non-attendance  at  meetings. — Sec.  10.  The  office  of  any  commis- 
sioner who  shall  fail  to  attend  any  two  (2)  consecutive  meetings  of  the  board, 
without  reason  satisfactory  to  the  board,  or  without  leave  of  absence  from  it, 
may,  by  said  board,  be  declared  and  thereupon  become  vacant. 

507.  Management    of    lands — Park    fund — Privileges    and    concessions. — 

Sec.  11.  The  said  board  shall  have  the  management  and  control  of  all  lands 
which  have  been  or  may  be  acquired  for  parks  and  parkways  in  the  city;  and 
shall  direct  all  expenditures  from  the  park  fund,  for  the  maintenance  and  im- 
provement of  the  parks  and  parkways,  and  shall  have  power  to  provide,  either 
directly  or  by  lease  of  privileges,  such  conveniences,  accommodations  and  en- 
tertainments, said  board  may  deem  proper  for  the  use,  enjoyment  or 
recreation  of  visitors  to  said  park. 

508.  May  acquire  lands — Donations. — Sec.  13.  The  said  board  may,  from 
time  to  time,  acquire  for  the  city  lands  for  parks  and  parkways  within  the 
corporate  limits,  in  the  manner  provided  in  this  chapter.  Lands  may  be  so 
acquired  in  the  name  of  the  city  by  gift,  devise,  purchase  or  condemnation, 
as  hereinafter  provided,  and  upon  obtaining  title  thereto  the  said  board  may 
assume  possession  and  supervision  thereof.  The  said  board  may  purchase 
any  pieces  or  parcels  of  land  contiguous  to  any  park  or  parkways,  of  the  city, 
as  an  addition  or  extension  of  such  park  or  parkways,  provided,  however, 
that  the  sum  expended  for  such  purpose  shall  not  exceed  two  thousand 
(2,000)  dollars  in  any  one  year,  and  that  the  amounts  so  expended  shall  be 
paid  out  of  the  park  fund.  Said  board  may  also  accept  and  receive,  on  behalf 
of  the  city,  donations  of  money  or  of  property  for  the  use  of  said  city  for 
purposes  connected  with  the  parks  and  parkways. 

509.  Parkways,  power  of  council. — Sec.  14.  The  common  council  shall 
have  power  to  set  apart  any  street  or  avenue,  or  any  section  thereof,  as  a 
parkway,  and  to  place  the  same  under  the  supervision  of  the  board  of  park 
commissioners  for  such  specific  and  limited  purposes  of  improvement  and 
ornamentation  as  may  be  named  in  the  resolution  or  ordinance  of  the  com- 
mon council. 

510.  Condemnation  of  lands — Surveys,  plats. — Sec.  1.5.  When  the  board 
of  park  commissioners  shall  deem  it  to  be  for  the  public  interest  that  any 
tract   or   tracts,   parcel   or  parcels   of   land   shall   be   condemned   for   the   use   of 


BOARD  OF  PARK  COMMISSIONERS'.  129 

said  city  for  any  public  park  or  parks  or  parkways,  within  the  limits  of  said 
city,  and  shall  so  determine  by  resolution  of  said  board,  it  shall  make  an 
order  directing  the  commissioner  of  public  works  to  make  a  survey  thereof, 
a  copy  of  which  order,  together  with  a  general  description  of  said  lands,  shall 
be  certified  to  by  the  secretary  of  said  board,  and  by  him- transmitted  to  the 
commissioner  of  public  works,  who  shall  forthwith  cause  a  survey  and  two 
(2)   plats  thereof  to  be  made  and  transmitted  to  said  board. 

511.  Board  may  contract  for  lands  designated — Measure  of  damages — 
Abandonment  of  proceedings. — Sec.  1(3.  Said  board  of  park  commissioners 
may  contract  in  the  name  i>i  the  City  of  St.  Paul  fur  the  purchase  of  the 
lands,  or  any  parts  of  the  lands  designed  by  it,  for  park  purposes,  to  be  paid 
for  in  the  same  manner  as  other  lands  so  designated,  the  damages  or  com- 
pensation for  which  are  appraised  by  the  board  of  public  works  of  said  City 
of  St.  Paul,  as  hereinafter  provided,  and  the  purchase  price  for  the  same  sKall 
be  paid  out  of  the  moneys  applicable  to  the  purchase  of  said  land  for  park 
purposes  when  all  of  it  shall  have  been  collected.  Said  purchase  price  shall 
bear  interest  after  the  final  completion  of  the  assessment  herein  authorized 
at  such  rate,  not  to  exceed  seven  (7)  per  cent  per  annum,  as  may  be  agreed 
upon  in  said  contract;  provided,  however,  such  contract  shall  be  executed 
and  recorded  before  the  said  board  of  public  works  shall  have  been  directed 
to  appraise  the  damages  and  assess  the  benefits  as  hereinafter  described.  The 
sum  so  agreed  upon  as  the  purchase  price  of  said  lands  shall  be  taken  as  the 
measure  of  compensation  to  be  appraised  by  the  said  board  of  public  works 
therefor,  and  shall  be  reckoned  as  damages  by  said  board  in  ascertaining 
the  cost  of  the  property  taken  in  said  proceeding,  on  which  it  shall  base  the 
assessment  of  benefits  to  be  made.  If  the  proceedings  for  acquiring  said  lands 
so  designated  shall  be  abandoned,  said  contract  shall  thereupon  become  void, 
and  in  such  case  the  said  board  of  park  commissioners  shall  execute  and 
deliver  a  release  of  said  contract  to  the  owner  of  said  land,  which  may  be 
recorded. 

512.  Title  to  condemned  lands — Payments  from  park  fund — Assessment 
of  damages  and  benefits. — Sec.  17.  Said  board  of  park  commissioners  shall 
have  power,  and  it  is  hereby  authorized,  in  connection  with  the  said  board 
of  public  works  of  the  City  of  St.  Paul,  and  on  behalf  of  the  City  of  St.  Paul, 
to  condemn  for  the  use  of  said  city  any  tract  or  tracts,  parcel  or  parcels  of 
land,  or  any  interest  therein  which  may  have  been  designated  as  hereinbefore 
authorized  by  this  act,  or  which  may  be  included  in  or  form  a  part  of  any 
lands  so  designated,  and  when  such  condemnation  shall  have  been  completed 
and  the  lands  paid  for  as  herein  provided,  the  title  to  such  lands  shall  pass 
and  be  vested  in  the  City  of  St.  Paul.  When  the  said  board  of  park  commis- 
sioners shall  deem  it  to  be  for  the  public  interest  that  any  tract  or  tracts, 
parcel  or  parcels  of  land,  or  interest  therein  aforesaid,  shall  be  condemned 
for  the  use  of  said  city  for  any  public  park  or  parks  or  parkways  aforesaid, 
within  the  limits  of  said  city,  and  shall  so  determine  by  a  resolution  of  said 
board,  it  shall  cause  the  same  to  be  surveyed  and  platted  as  hereinbefore  pro- 
vided. It  shall  also  determine  what  sum,  if  any,  not  to  exceed  forty  (,40)  per 
cent  of  the  damages  and  expenses  caused  by  such  condemnation,  shall  be 
paid  towards  the  same  out  of  the  park  fund,  as  the  same  then  exists,  and  it 
shall  at  the  same  time,  by  resolution,  appropriate  and  set  apart  such  amount 
from  the  moneys  then  in  the  park  fund.  The  same  to  be  heTd  and  applied 
as  herein  provided  towards  the  payment  of  any  damages  or  compensation 
that  may  be  awarded  in  such  condemnation  proceedings,  including  the  ex- 
pense of  such  proceedings;  and,  except  as  hereinafter  otherwise  prcivided,  said 
moneys  so  set  apart  shall  remain  in  the  city  treasury  and  be  applicable  to  no 
other  purpose  whatsoever.  The  said  board  of  park  commissioners  shall 
thereupon  make  an  order  directing  the  said  board  of  public  works  to  ascertain 
and  determine  the  amount  of  the  damages  or  compensation  to  be  paid  to  the 
parties  thereto  by  reason  of  such  condemnation,  and  also  to  assess  the 
amount  of  said  damages  and  expenses,  less  tlie  annmnt  thereof,  if  any.  so 
appropriated  and  set  apart   out   of  the  park  fund  as  aforesaid  on   real   jiroperty 


l.'iO  CHARTER  OF  CITY  OF  ST.  PAUL. 

specially  benefited  thereby  in  proportion  to  the  benefits  accruing  to  the  same, 
not  to  exceed  said  benefits. 

A  copy  of  said  resolution  and  order,  together  with  a  copy  of  said  plat, 
shall  be  certified  by  the  secretary  of  the  said  board  of  park  commissioners, 
and  transmitted  to  the  said  board  of  public  works  for  its  action  thereon.  If 
any  parcel  or  parcels  of  the  land  so  designated  has  been  purchased  by  said 
board  of  park  commissioners  in  the  manner  hereinbefore  described,  a  de- 
scription of  said  property,  with  the  statement  of  the  purchase  price  thereof, 
shall  also  be  transmitted  to  said  board  of  public  works,  who  shall  take  the 
purchase  price  agreed  to  be  paid  for  said  property  as  the  amount  of  damages 
to  be  awared  therefor. 

513.  Assessment  proceedings — Notice — Hearings. — Sec.  IS.  Said  board  of 
public  works  shall  forthwith,  on  receipt  of  such  order,  give  twenty  (20)  days' 
notice  by  one  (l)  publication  in  the  official  newspaper  of  said  city,  of  the  time 
and  place  of  its  meeting  for  the  purpose  of  making  said  assessment,  wdiich 
notice  shall  specify  what  such  assessment  is  to  be  for  and  shall  describe  the 
land  to  be  condemned,  as  nearly  as  may  be  done  by  general   description. 

Sec.  19.  All  parties  interested  in  said  improvement  shall  have  the  right 
to  be  present  and  be  heard,  either  in  person  or  by  counsel,  and  the  corpora- 
tion attorney  of  said  city  shall  be  permitted  to  attend  such  hearing,  to  repre- 
sent the  interest  of  said  city. 

514.  Evidence  as  to  damages  and  benefits. — Sec.  20.  Said  board  of  pub- 
lic works  shall  view  the  premises  to  be  condemned  and  receive  any  legal 
evidence  that  may  be  offered  for  the  purpose  of  determining  the  true  value 
of  or  the  damages  which  will  be  caused  on  benefits  conferred  by  reason  of 
the  contemplated  improvement,  and  for  this  purpose  any  memlaer  of  said 
board  is  authorized  to  administer  oaths  to  any  witnesses  produced  before  the 
board,  and  said  board  is  authorized  to  issue  subpoenas,  under  the  seal  of  the 
board,  to  send  for  persons  and  papers  and  to  compel  the  attendance  of  wit- 
nesses. Said  board  may  adjourn  from  time  to  time  and  from  place  to  place 
until  such  assessment  is  completed. 

515.  Award  of  damages — Interest  thereon. — Sec.  21.  Said  board  of  pub- 
lic works,  in  making  said  assessment,  shall  determine  or  appraise  to  the 
owner  or  owners  the  value  of  the  real  estate  appropriated  for  the  improve- 
ment and  the  damages  arising  to  them  respectively  from  the  condemnation 
thereof,  which  shall  be  awarded  to  such  owners'  respectively  as  damages, 
after  making  due  allowance  therefrom  for  any  due  share  of  benefit  which 
such  owners  may  respectively  derive  from  such  improvement;  and  said  sum 
so  awarded  as  damages  shall  bear  interest  at  the  rate  of  seven  (7)  per  cent 
per  annum  from  and  after  the  date  of  the  completion  of  the  assessment  there- 
for, as  hereinafter  provided  for,  until  paid. 

Sec.  22.  If  the  damages  to  any  person  be  greater  than  the  benefits 
assessed,  or  if  the  benefits  be  greater  than  the  damages,  in  either  case  the 
said  board  of  public  works  shall  strike  a  balance  and  carry  the  difference 
forward  to  another  column,  so  that  the  assessment  may  show  what  amount  is 
to  be  received  or  paid  by  such  owners  respectively,  and  the  difiference  only 
shall  in  any  case  be  collectible  or  them  or  paid  to  them. 

516.  Buildings  on  lands  condemned — Owner  may  take  at  appraised  value 
— May  be  sold. — Sec.  23.  If  there  should  be  any  buildings  standing  in  the 
whole  or  in  part  upon  the  land  to  be  taken,  the  said  board  of  public  works 
shall  add  to  its  estimate  of  damages  for  the  land  the  damages  also  for  the 
building  or  part  of  building  necessary  to  be  taken  if  it  be  the  property  of 
the  owner  of  the  land.  When  owned  by  any  other  person  the  damages  for 
the  building  shall  be  appraised  separately.  The  value  of  such  building  to  the 
owner  to  remove,  or  of  the  part  thereof  necessary  to  be  taken,  shall  also  be 
determined  by  the  said  board  of  public  works.  Such  owner  may  at  any  time 
within  ten  (10)  days  after  publication  of  notice  that  said  assessment  has 
been    confirmed,    notify    the    said    board    of   public    works,    in    writing,    of    his 


BOARD  OF  PARK  COMMISSIOXERS'.  131 

election  to  take  such  building  or  part  of  building,  at  its  appraisal,  and  the 
owner  shall  have  such  time  for  the  removal  of  such  building  thereafter  as 
the  said  board  of  public  works  shall  allow.  If  the  owner  shall  refuse  to  take 
the  building  at  the  appraisal,  or  fail  to  give  notice  of  his  election  aforesaid, 
the  board  of  park  commissioners  may,  after  the  confirmation  of  the  assess- 
ment and  after  the  money  is  collected  or  otherwise  provided  and  ready  in  the 
hands  of  the  treasurer  to  be  paid  over  to  the  owner  for  his  damages,  proceed 
to  sell  such  building  or  part  of  building  at  public  auction  for  cash,  giving 
ten  (10)  days'  public  notice  of  the  sale  by  one  publication  in  the  official  news- 
paper of  the  city,  and  cause  such  building  to  be  forthwith  rerrtoved.  The 
proceeds  of  such  sale  shall  be  paid  into  the  city  treasury  to  the  credit  of  the 
park  fund. 

517.  Lands  owned  jointly  or  leased. — Sec.  24.  If  the  land  and  building 
belong  to  different  persons  or  if  the  land  be  subject  to  lease,  the  damage 
done  to  such  persons  or  interest  respectively,  may  be  awarded  to  them. 

518.  Assessment  of  benefits,  how  apportioned. — Sec.  25.  Having  ascer- 
tai  ed  the  aggregate  damages  for  the  land  taken  aforesaid,  the  said  board  of 
public  works  shall  add  thereto  a  sufficient  amount  to  provide  for  interest 
probable  to  accrue  before  the  assessment  can.  be  collected,  and  shall  there- 
upon apportion  and  assess  the  entire  sum,  less  the  amount  appropriated  and 
set  apart  out  of  the  park  fund,  if  any,  together  with  the  cost  of  the  proceed- 
ings, upon  the  real  estate  by  it  deemed  specially  benefited  from  the  appropria- 
tion of  said  land  to  public  park  uses  in  proportion  to  the  benefits  resulting 
therefrom,  as  nearly  as  may  be,  and  shall  briefly  describe  the  real  estate  upon 
which  the  assessment  may  be  made.  If  the  sum  set  apart  from  the  park  fund 
by  the  commissioners  as  above  provided  is  less  than  forty  (40)  per  cent  of  the 
total  amount  of  damages,  costs  and  expenses  as  determined  and  appraised 
by  the  said  board  of  public  works,  together  with  the  costs  and  expenses,  all 
damages,  costs  and  expenses  over  said  sums  so  set  apart  shall  nevertheless 
be  raised  by  assessment  in  the  manner  hereinbefore  provided,  on  the  property 
benefited.  If  said  sum  so  set  apart  from  the  park  fund  proves  tO'  be  more 
than  forty  (40)  per  cent  of  the  damages,  costs  and  expenses  aforesaid,  sixty 
(60)  per  cent  of  the  damages,  costs  and  expenses  shall  be  assessed  on  the 
property  benefited,  and  the  balance  of  said  sum  in  excess,  of  said  forty  (40) 
per  cent  shall  then  be.  returned  to  the  park  fund  for  other  uses.  It  shall  be 
the  duty  of  said  board  of  public  works,  w.henever  it  finds  the  sum  appro- 
priated by  the  said  board  of  park  commissioners  is  in  excess  of  forty  (40) 
per  cent  of  the  total  damages,  costs  and  expenses,  to  notify  said  board  of 
park  commissioner^  of  the  amount  of  such  excess  within  ten  (10)  days  after 
the  assessment  is  completed  and  confirmed.  The  said  board  of  public  works 
shall  estimate^  as  nearly  as  possible,  the  cost  of  printing  notices  of  the  assess- 
ment up  to  the  time  the  same  would  become  dfelinquent,  the  cost  of  engineer- 
ing, in  making  survey  and  plats. of  said  improvement,  and  the  treasurer's  fees 
for  collecting  said  assessment.,  all  of  whicli  shall  be  chargeable  in  said  assess- 
ment as  cost  and'.expenses. 

519.  Confirmation  of  assessment — Notice — Final  hearing — Objections — 
Time  limit.-^Scc.  20.  When  said  assessment'  has  been  completed,  said  board 
of  public  works  shall  fortliwith  cause  to  be  given  ten  (10)  days'  notice  by  one 
(1)  publication  in  the- official  newspaper  ofthe  city,  to  the  effect  that  such 
assessment  has. been,  completed,  and  that  at  a  time  and  place  therein  specified 
the  said  board  will  meet  for  the  purpose  of  hearing  objections,  and  that  all 
such  objections  must  be  filed  in  writing  with  the  clerk  of  said  board  at  least 
one  (l)  day  prior  to  said  meeting,  and  that  unless  sufficient  cause  is  shown 
to  the  contrary  the  same  will  be  confirmed,  said  notice  shall  specify  the 
property  assessed  and  the  amount-  of  each  assessment.  All  objections  to  said 
assessment  shall  be  in  writing  and  filed  with  the  clerk  of  said  board  at  least 
one  (1)  day  prior  to  said  meeting;  provided,  however,  that  said  board  may, 
at  its  discretion,  allow  any  party  interested  who  has  accidentally  or  inadvert- 
ently f)mitted  to   file  his. objections  aforesaid,  to  do  so  at   the  time  of  nicetin.g 


132  CHARTER  OF  CITY  OF  ST.  PAUL. 

of  said  board  aforesaid.  Should  no  quorum  be  present  at  the  said  appointed 
meeting  of  said  board,  the  said  meeting  may  be  adjourned  by  the  member  or 
members  of  the  board  present,  or  if  none  of  the  members  present,  by  the 
clerk  of  said  board,  to  such  other  convenient  time  and  place  as  may  be 
deemed  expedient  provided,  further,  that  nothing  herein  contained  shall 
preclude  said  board  from  causing  a  new  notice  aforesaid  to  be  given  of  a 
meeting  of  said  board  for  the  purpose  of  hearing  objections  to  said  assess 
ment,  and  for  the  confirmation  thereof  as  before  required,  in  case  the  previous 
notice  shall  be  found  imperfect,  in  the  case  of  a  defect  in  attendance  of  the 
members  o{  said  board,  or  for  any  other  reason  which  shall  be  satisfactory 
to  said  board  for  so  doing.  The  said  board  shall  have  the  power  to  adjourn 
such  hearing  from  time  to  time,  and  shall  have  the  power,  in  its  discretion, 
to  reverse  and  correct  said  assessment,  and  to  confirm  or  set  aside  the  said 
assessment,  and  proceed  to  make  an  assessment  de  novo  without  any  further 
order  from  the  said  board  of  park  commissioners,  and  upon  like  notices  and 
in  like  manner,  as  above  provided.  Said  assessment  shall  be  finally  confirmed 
within  four  (4)  months  after  receiving  said  order  from  the  board  of  park 
commissioners  directing  the  assessment,  and  when  confirmed  shall  be  entered 
in  a  book  kept  for  that  purpose,  and  shall  be  final  and  conclusive  upon  all 
parties  interested  therein,  except  as  hereinaftei  provided.  When  said  assess- 
ment is  confirmed,  a  warrant,  under  the  seal  of  the  board  of  public  works, 
shall  be  issued  to  the  treasurer  of  said  city  for  the  collection  of  the  same  from 
the  property  on  which  the  same  has  been  assessed,  signed  by  the  mayor, 
clerk  of  said  board  and  the  city  comptroller.  As  soon  as  practicable  after  the 
said  assessment  has  been  confirmed  and  entered,  the  clerk  of  said  board  shall 
cause  a  brief  notice  by  one  (1)  publication  of  the  fact  of  such  confirmation 
and  entry,  to  be  published  in  the  official  newspaper  of  said  city. 

520.  Appeals  from  assessment  of  damages — District  court  to  determine 
questions  of  jurisdiction  and  award. — Sec.  27.  Any  person  whose  property  has 
been  appropriated  and  who  has  hied  objections  to  such  assessment  as  here- 
inbefore provided,  shall  have  the  right,  at  any  time  within  ten  (10)  days  after 
the  publication  of  said  notice,  provided  for  in  the  next  preceding  section,  to 
appeal  to  the  district  court  of  Ramsey  county  of  this  state,  from  the  order 
confirming  said  assessment.  Said  appeal  shall  be  made  by  filing  a  written  no- 
tice of  appeal  with  the  clerk  of  the  board  of  public  works,  sepcifying  the 
name  of  the  court  in  which  the  appeal  is  taken,  and  a  description  of  the 
property  of  said  appellant  so  appropriated,  and  the  objections  of  said  appel- 
lant to  such  assessment,  and  by  filing  with  the  clerk  of  said  court,  within  ten 
(10)  days  thereafter,  a  copy  of  such  notice  of  appeal  and  objections  and  a 
copy  of  the  assessment  roll,  as  confirmed  aforesaid,  so  far  as  it  affects  the 
property  in  controversy  of  appellant,  all  certified  by  the  clerk  of  said  board 
of  public  works,  who  shall  also  certify  on  said  notice  of  appeal  and  objections 
the  date  when  the  said  r?otice  was  filed  by  appellant  with  the  said  board  of 
public  works.  The  cause  shall  be  docketed  by  the  clerk  of  the  court  in  the 
name  of  the  person  taking  such  appeal  against  the  City  of  St.  Paul,  as  an 
"Appeal  from  Assessment."  The  said  cause  shall  then  be  at  issue  and  have 
the  preference  in  order  of  trial  over  all  civil  causes  pending  in  said  court. 
Such  appeal  shall  be  tried  in  said  court  as  in  the  case  of  other  civil  causes, 
except  that  no  pleading  shall  be  necessary,  and  on  such  trial  the  only  ques- 
tion to  be  passed  upon  shall  be  whether  the  board  of  public  works  had  juris- 
diction in  the  case,  and  whether  the  valuation  of  the  property  specified  in  the 
objection  is  a  fair  valuation,  and  the  assessment,  so  far  as  it  affects  said  prop- 
erty, is  a  fair  and  impartial  assessment.  The  judgment  of  the  court  shall  be 
to  confirm  the  assessment,  if  it  shall  have  been  found  that  the  said  board  has 
jurisdiction,  and  that  said  valuation  and  assessment,  in  so  far  as  the  same 
shall  affect  the  property  of  said  appellant,  are  fair  and  impartial.  If  the 
court  shall  find  that  the  board  of  public  works  has  no  jurisdiction  in  the  mat- 
ter appealed  from,  then,  in  such  case,  the  judgment  of  the  court  shall  be  to 
annul  said  assessment.  If  the  court  shall  find  that  the  said  board  has  juris- 
diction and  shall  also  find  that  said  valuation  is  unfair,  and  that  the  damages 
awarded  by  said  board  to  said  appellant  arc  insufficient  and  inadequate  for  the 


BOARD  OF  PARK  COMMISSIONERS'.  133 

property  so  appropriated,  then,  and  in  such  case,  the  court  shall  determine 
and  find  the  amount  of  damages  which  said  appellant  is  entitled  to  receive, 
over  and  above  the  sum  awarded  by  the  board  of  public  works,  and  shall 
order  judgment  against  the  city  of  St.  Paul  therefor,  which  judgment,  with 
interest,  shall  be  paid  as  other  judgments  against  the  city.  The  amount 
awarded  said  appellant  by  the  board  of  public  works,  with  interest,  shall  be 
paid  in  the  same  manner  as  the  damages  to  those  persons  who  have  not 
appealed. 

521.  Reassessments,  when  and  how  made. — Sec.  28.  When  judgment  has 
been  rendered  on  all  the  appeals  taken  from  said  assessment  the  said  board 
of  public  works,  without  further  order  from  the  said  board  of  park  com- 
missioners, shall  without  unnecessary  delay  proceed  to  make  a  new  assess- 
ment, or  reassessment,  on  the  property  by  it  deemed  benefited  by  such  assess- 
ment, for  the  purpose  of  raising  the  difference  between  the  amount  originally 
awarded  by  said  board  of  public  works  to  said  appellant  or  appellants  and 
the  amount  which  the  court  has  adjudged  said  appellant  or  appellants  is  en- 
titled to  receive,  together  with  the  cost  of  said  new  assessment  or  reassess- 
ment, and  said  board  of  public  works  shall  proceed  in  making  said  new  as- 
sessment or  reassessment,  in  the  same  manner  and  shall  have  and  take  like 
proceedings  as  are  provided  for  in  the  original  assessment.  If  the  board 
cannot  find  the  propert}'  benefited  by  said  improvement  or  appropriation  of 
land  to  park  purposes,  to  the  extent  of  said  additional  sum,  besides  the  benefits 
heretofore  assessed,  it  shall  make  the  assessment  to  the  extent  of  said  bene- 
fits. If  it  is  of  the  opinion  that  the  first  assessment  was  equal  to  the  benefits 
derived  from  said  improvement,  it  shall  so  report  to  the  said  board  of  park 
commissioners.  In  making  said  new  assessment,  or  reassessment,  in  cases 
where  portions  of  lots  were  condemned  by  the  first  assessment,  and  the  re- 
maining portions  assessed  benefits,  such  untaken  portions  shall  also  bear  their 
proportion  of  assessment  for  benefits  on  the  new  assessment,  or  reassessment, 
notwithstanding  the  owner  of  such  lots  may  have  appealed  from  the  assess- 
ment of  damages.  The  proceeds  of  such  new  assessment,  or  reassessment, 
if  any,  shall  be  paid  into  the,  park  fund,  and  the  same  shall  thereafter  be  trans- 
ferred to  the  general  fund  of  said  city,  to  reimburse  said  city  for  the  judg- 
ments for  increased  damages  aforesaid  rendered  against  the  city,  as  pro- 
vided in  the  preceding  section.  If  the  new  assesstnent,  or  reassessment, 
proves  insufficient,  the  remainder  shall  be  paid  into  the  general  fund  of  the 
city  from  the  first  unappropriated  moneys  coming  into  the  park  fund,  if  any. 

522,  Payment  of  damages — Doubtful  claimants — Record  of  deed. — Sec. 
29.  When  such  assessment  shall  have  been  confirmed,  and  no  appeal  shall 
have  been  taken  therefrom,  or  if  an  appeal  shall  have  been  taken  when  judg- 
ment shall  have  been  rendered  thereon,  the  same  shall  be  a  lawful  and  suffi- 
cient condemnation  of  the  land  or  property  ordered  to  be  appropriated. 
There  shall  thereupon  be  paid  to  the  owner  of  such  property,  or  to  his  agent, 
the  amount  of  damages  which  may  have  been  awarded  therefor,  over  and 
above  all  benefits  assessed  as  soon  as  a  sufficient  amount  of  the  assessment 
shall  have  been  collected  for  that  purpose.  If  in  any  case  there  shall  be  any 
doubt  as  to  who  is  entitled  to  the  damages  for  land  taken,  the  city  may  re- 
quire of  the  claimant  a  bond,  with  good  and  sufficient  sureties,  to  hold  the 
city  harmless  from  all  loss,  costs  and  expenses,  in  case  any  person  or  persons 
should  claim  such  damages.  In  all  cases  the  title  to  the  land  taken  and  con- 
demned in  the  manner  aforesaid  shall  be  vested  absolutely  in  the  City  of  St. 
Paul.  It  shall  be  the  duty  of  the  clerk  of  said  board  of  park  commissioners 
to  cause  all  deeds  taken  by  the  city  for  land  acquired  for  park  purposes  to  be 
recorded  without  delay,  and  the  said  clerk  shall  be  the  custodian  thereof.  In 
case  no  deed  is  given  it  shall  be  the  (Juty  of  said  clerk  to  cause  the  county 
auditor  and  city  treasurer  tfi  be  notified  of  the  title  so  accjuired  by  the  city 
giving  to  each  of  them  a  description  of  the  land  so  acquired.  .\nd  it  shall  be 
the  duty  of  the  register  of  deeds  of  the  County  of  Ramsey  to  record  all 
such  deeds  without  requiring  the  certificate  of  the  county  auditor,  county 
treasurer  nr  city  treasurer,  that  the  taxes  and  asses.^ment<  1  hereon  luive  been 
paid. 


134  CHARTER  OF  CITY  OF  ST.  PAUL. 

523.  Treasurer  to  collect  assessments  of  benefits — Judgment — Redemp- 
tion.— Sec.  30.  The  city  treasurer  shall  proceed  to  collect  the  benefits  as- 
sessed against  real  estate  under  the  provisions  of  this  chapter,  in  the  manner 
as  in  the  case  of  assessments  of  benefits  for  other  local  improvements  under 
the  city  charter;  and  the  same  proceedings  shall  be  had  for  obtaining  judg- 
ment to  enforce  delinquent  assessments,  and  for  the  sale  of  property  vmder 
such  judgment,  the  issuance  of  certificates  of  sale  therefor,  and  deeds  to  the 
purchaser  in  case  no  redemption  is  made,  as  provided  by  law,  except  that 
real  estate  sold  under  said  judgments  may  be  redeemed  within  ten  (10)  days 
from  the  date  of  the  sale,  and  may  also  be  redeemed  in  ten  (10)  annual  in- 
stallments, payable  as  follows:  One-tenth  (1-10)  of  the  certificate  at  the  end 
of  each  one  (1)  of  the  successive  ten  (10)  years  next  ensuing  the  date  of  the 
certificate,  together  with  the  interest  due  on  the  whole  amount  thereof,  unpaid 
at  the  maturity  of  each  of  said  installments,  and  the  certificates  of  sale  issued 
under  this  chapter  shall  conform  to  the  provisions  hereof  as  the  time  of 
payment  and  redemption,  all  other  provisions  of  law  relative  to  sale  for  as- 
sessments of  local  improvements,  interest  before  and  after  such  sale,  and 
redemption  therefrom,  as  they  now  exist  or  may  hereafter  be  provided,  under 
the  city  charter,  shall  be  applicable  to  sales  under  this  chapter. 

524.  Appeals  from  reassessments. — Sec.  31.  The  said  board  of  public 
works  shall  proceed  de  novo  without  further  order  from  the  said  board  of 
park  commissioners,  to  make  a  new  assessment,  or  reassessment,  in  case  the 
first  assessment  shall  be  set  aside  by  the  district  court,  and  shall  have  the 
same  power  to  make  reassessments  in  all  cases  as  in  the  case  of  assessments 
for  other  local  improvements;  but  in  making  said  reassessment  it  shall  be^ 
guided  by  the  provisions  of  this  chapter  as  to  notices  and  manner  of  pro- 
cedure, and  in  the  case  of  reappraisal  of  damages  the  property  owners  shall 
have  the  same  rights  of  appeal  as  hereinbefore  provided.  In  case  the  award 
of  damages  increased  on  appeal  from  a  reassessment  the  said  board  of  public 
works  shall  have  the  power,  and  it  shall  be  its  duty,  to  make  a  further  re- 
assessment for  the  difference  of  damages,  as  in  case  of  appeals  from  a  first 
assessment. 

525.  Occupation  of  condemned  property,  when — Interest  on  damages 
ceases  when. — Sec.  32.  As  soon  as  the  assessments  are  collected  and  the  pro- 
ceeds thereof  in  the  hands  of  the  city  treasurer,  ten  (10)  days'  notice  thereof 
by  one  (l)  publication  shall  be  given  by  the  said, treasurer  in  the  official  news- 
paper of  the  city,  and  the  city  may  then,  and  not  before,  enter  upon,  take 
possession  of  and  appropriate  the  property  condemned,  and  whenever  the 
damages  awarded  to  the  owner  of  any  property  condemned  by  said  city  for 
public  use  shall  have  been  paid  to  such  owner  or  his  agent,  or  when  sufficient 
money  for  that  purpose  shall  be  in  the  hands  of  the  city  treasurer,  ready  to 
be  paid  over  to  such  owners,  and  said  ten  (10)  days'  notice  thereof  shall  have 
been  given  in  the  official  newspaper  of  the  city,  the  city  may  enter  upon  and 
appropriate  such  property  to  the  use  for  which  the  same  was  condemned. 

Interest  on  all  damages  payable  shall  cease  thirty  (30)  days  after  such 
notice  has  been  given,  save  where  damages  are  increased  by  the  district 
court,  in  which  case  interest  on  the  increased  amount  shall  run  until  money 
is  in  the  treasury  to  pay  the  judgment  therefor,  and  the  holder  thereof,  or  his 
agent,  is  notified  thereof,  or  the  money  is  paid  into  court.  In  case  the 
amount  allowed  for  interest  and  included  in  the  benefits  assessed  by  the  said 
board  of  public  works  is  insufficient  to  pay  the  interest  accrued  on  damages 
awarded,  the  balance  shall  be  paid  out  of  the  general  fund  of  the  city,  and 
the  general  fund  be  reimbursed  from  the  park  fund  when  there  are  available 
funds  therein. 

526.  Record  of  condemnation  proceedings. — Sec.  33.  All  proceedings 
taken  by  said  board  of  public  works  in  carrying  out  the  provisions  of  this 
act  shall  be  recorded  in  a  book  or  books  kept  for  that  purpose  by  the  clerk 
of  said  board,  describing  particularly  the  respective  improvements  and  the 
real    estate    taken   and   assessed.     The    said   books    in    wiiich    said   proceedings 


BOAR])  OF  PARK  COMMISSIONERS'.  135 

have  been  entered  as  aforesaid,  and  the  oflicial  files  and  papers  of  said  board 
of  public  works,  shall  be  deemed  public  records  and  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  certified  copies  thereof  by  the  clerk  or  officer 
having  proper  custody  thereof,  with  the  seal  of  the  board  attached,  shall  bi 
evidence  in  all  courts  to  the  same  effect  as  if  the  originals  were  produced. 
The  clerk  of  said  board  shall  be  entitled  to  receive  from  any  private  party 
the  like  fees  as  are  received  for  such  services  by  the  clerk  of  any  court  of 
record  in  this  state. 

527.  Proceedings  may  be  abandoned. — Sec.  34.  Said  board  ol  park  com- 
missioners, at  any  tune  during  the  pendency  of  .any  proceedings  for  the  con- 
demnation of  lands  as  aforesaid,  up  to  and  until  the  time  of  the  confirmation 
of  the  assessment  by  the  said  board  of  public  works,  shall  have  the  right,  by  a 
three-fourths  (^)  vote,  to  abandon  all  proceedings  in  respect  to  the  whole 
improvement,  whenever  it  shall  deem  it  for  the  interest  of  the  city  so  to  do. 
In  case  of  the  abandonment  of  such  proceedings  the  secretary  of  said  board 
of  park  commissioners  shall  certify  such  action  of  the  said  board  to  the  board 
of  public  works,  and  thereupon  said  board  of  .public  works  shall  discontinue 
any  further  proceedings  on  its  part  in  the  matter. 

528.  Description  of  lands  and  statement  of  damages  filed  with  register  of 
deeds — Duplicate  plats. — Sec.  35.  As  soon  as  such  condemnation  proceedings 
shall  have  been  completed  and  notice  given  that  the  money  is  in  the  city 
treasurer's  hands  ready  to  be  paid  for  damages,  an  accurate  description  of 
the  lands  condemned,  together  with  a  statement  of  the  amount  of  damages 
awarded  and  to  be  paid  therefor,  shall  be  certified  by  the  president  or  vice 
president  and  secretary  of  the  said  board  of  park  commissioners  under  its 
official  seal,  and  filed  for  record  in  the  office  of  the  register  of  deeds  of  Ram- 
sey county,  and  the  said  register  of  deeds  shall  record  the  same  in  the  records 
of  transfers  of  real  estate  in  said  county,  which  record  shall  be  prima  facie 
evidence  of  the  title  of  said  lands  and  the  transfer  of  all  the  interest  of  the 
former  owner  or  owners  of  the  same  to  said  City  of  St.  Paul. 

Said  board  of  park  commissioners  shall  also  direct  the  commissioner  of 
public  works  to  prepare  correct  plans  of  all  such  lands  as  may  be  acquired 
under  the  provisions  of  this  act,  one  of  which  shall  be  filed  in  the  office  of  said 
board  of  park  commissioners  and  one  in  the  office  of  said  commissioner  of 
public  works,  and  another  in  the  office  of  the  register  of  deeds  of  said  Ram- 
sey county,  to  be  kept  on  tile  and  of  record  in  the  office  of  the  said  register 
of  deeds  in  the  same  manner  as  plats  of  additions  in  the  said  Citj'  of  St. 
Paul. 

529.  Expenditures  from  park  fund — Assessments  collected  to  be  set 
aside. — Sec.  36.  All  expenditures  of  said  board  of  park  commissioners,  pay- 
ment of  which  is  not  herein  otherwise  provided  for,  shall  be  paid  from  the 
park  fund  not  otherwise  appropriated,  and  all  moneys  received  by  said  board 
from  any  source  shall,  where  not  herein  otherwise  directed,  to  be  paid  into 
the  city  treasurer,  to  the  credit  of  said  fund. 

Assessments  collected  shall  be  set  apart  and  used  only  for  the  purpose 
for  which  they  were  levied.  All  assessments  on  property  owned  by  the  city 
shall  be  paid  out  of  the  general  fund  of  the  said  City  of  St.  Paul.  Moneys  of 
tiie  park  fund,  when  set  apart  for  the  purpose  of  paying  damages  awarded. 
shall  be  and  remain  in  the  city  treasury  until  the  assessments^ for  the  same 
purpose  are  collected,  by  sale  or  otherwise,  and  shall  then  be  applied  with 
said  assessments  in  payment  of  said  damages. 

530.  Expenditures  to  be  audited  by  park  board. — Sec.  37.  All  expendi- 
tures under  this  chapter  shall  be  audited  by  said  board  of  park  commissioners, 
and  shall  be  paid  by  the  city  treasurer  only  upon  warrants  of  said  board  signed 
by  its  president  or  vice  president  and  secretary,  and  countersigned  by  the 
city  comptroller. 

All  damages  payable  to  property  owners  shall  be  paid  from  the  funds  pro- 
vided therefor,  and  on  warrants  of  said  board,  signed  as  aforesaid,  and  coun- 
tersigned  by    the   city    comptroller.     Whenever    the    said    board    of   jiark    com 


136  CHARTER  OI-  CITY  OF  ST.  PAUL. 

missioners  appropriates  a  portion  of  the  park  fund  for  condemnation  pur- 
poses, as  hereinbefore  provided,  it  shall  transmit  to  the  city  comptroller  and 
city  treasurer  a  copy  of  the  resolution  so  providing,  whereupon  said  treas- 
urer shall  set  apart  and  hold  said  sum  to  be  applied,  as  herein  provided.  If 
the  proceedings  are  abandoned,  or  said  sum  so  set  apart  is  ascertained  to  be 
in  excess  of  forty  (40)  per  cent  of  the  entire  costs  of  the  improvement  for 
which  the  same  is  appropriated,  said  board  of  park  commissioners  shall,  upon 
such  abandonment  or  the  ascertainment  of  such  excess,  notify  the  said 
comptroller  and  treasurer  thereof,  and  in  case  of  an  abandonment  of  con- 
demnation proceedings  all  the  moneys  so  set  apart,  and  in  case  of  an-  excess, 
the  portion  thereof  in  excess  "bf  forty(40)  per  cent  of  the  entire  costs  of  the 
improvement  for  which  the  same  is  appropriated,  said  board  of  park  commis- 
sioners shall,  upon  such  abandonment  or  the  ascertainment  of  such  excess, 
notify  the  said  comptroller  and  treasurer  thereof,  and  in  case  of  an  abandon- 
ment of  condemnation  proceedings,  all  the  moneys  so  set  apart,  and  in  the 
case  of  an  excess,  the  portion  thereof  in  excess  of  forty  (40)  per  cent  of  the 
cost  of  the  improvement  shall  at  once  be  returned  to  and  become  a  part  of 
the  park  fund,  and  applicable  to  "other  uses. 

531.  Control  of  streams,  lakes  and  ponds. — Sec.  38.  Whenever  the  title 
shall  have  been  acquired  by  said  city,  for  park  purposes,  to  land  constituting 
Ihe  shores  of  any  stream,  lake  or  pond,  said  board  of  park  commissioners 
may  regulate  and  control  the  use  of  such  shore,  and  the  water  contiguous 
thereto,  and  in  case  such  ownership  shall  embrace  the  entire  shore  of  any 
such  lake  or  pond,  said  board  of  park  commissioners  is  vested  with  exclusive 
charge  and  control  of  the  waters  of  said  lake  or  pond,  and  may,  in  all  things, 
regulate  and  govern  the  use  of  such  waters. 

532.  Park  lands  cannot  be  diverted  to  other  uses. — Sec.  39.  Lands  which 
may  have  been  heretofore,  or  may  be  hereafter  acquired  for  park  purposes 
shall  not  be  alienated  nor  diverted  to  other  uses,  and  shall  remain  forever 
parks  and  parkways  for  the  use  of  all  the  inhabitants  of  said  city. 

533.  Rules  and  ordinances  affecting  parks  and  parkways — Fines  collect- 
ed.— Sec.  40.  Said  board  of  park  commissioners  may  adopt  rules  to  secure 
the  quiet,  orderly  and  suitable  use  and  enjoyment  of  said  parks  and  park- 
ways by  the  people,  and  the  common  council  shall  provide  ordinances  to  en- 
force them,  and  to  fix  penalties  for  the  violation  thereof;  which  ordinances 
shall  take  effect  from  and  after  the  publication  thereof  in  the  official  news- 
paper of  said  city,  and  the  same  shall  be  enforced  by  prosecution  by  the  cor- 
poration attorney  in  the  municipal  court  of  said  city,  as  in  the  case  of  other 
ordinances  of  said  city.  The  clerk  of  the  municipal  court  of  said  City  of  St. 
Paul,  shall  receive  all  fines  and  penalties  imposed  by  the  said  municipal  court 
for  the  violation  of  park  ordinances,  and  shall  on  the  first  (1st)  Monday  of 
every  month  deliver  to  the  treasurer  of  said  city  all  moneys  so  received, 
which  shall  be  by  him  credited  to  said  park  fund. 

534.  Park  policemen,  mayor  to  appoint. — Sec.  41.  At  the  request  of  of  the 
said  board,  the  mayor  shall,  from  time  to  time,  appoint  such  persons  as  the 
said  board  shall  nominate  for  park  policemen.  All  such  policemen  shall  be 
under  the  control  and  direction  of  and  subject  to  removal  by  the  said  board, 
and  shall  receive  such  compensation  as  may  be  fixed  by  the  said  board,  which 
shall  be  paid  out  of  the  park  fund. 

All  policemen  so  appointed  shall  possess  all  the  common  law  and  stat- 
utory power  of  constables,  and  any  warrants  for  search  or  arrest,  issued  by 
any  magistrate  or  court  of  record  in  Ramsey  county,  may  be  executed  by 
such  policemen  in  any  part  of  said  county. 

535.  Water  mains  and  sewers  in  parkways. — Sec.  42.  The  common  coun- 
cil of  said  city  shall  have  the  same  power  and  jurisdiction  in  respect  to  lay- 
ing water  mains  and  sewers  along  the  parkways  in  the  said  city  as  it  now  has 
in  respect  to  laying  the  same  along  the  public  streets,  and  the  same  proceed- 
in-^s    for    levying   and    collecting   special    assessments   for   sewers    along    such 


THE  CARE  OF  STREET  LAWNS.  137 

streets  shall  apply  to  levying  and  collecting  the  same  for  sewers  laid  along 
the  parkways. 

536.  Landr  outside  city  may  be  acquired  by  gift. — Sec.  43.     Said  board  of 

park  conimissioncr.s  may  acquire  by  gift  without  the  corporate  limits  of  said 
city,  for  park  or  parkways  any  land  or  lands,  and  shall  possess  the  same  pow- 
ers and  jurisdiction  over  said  park  or  parkways  as  if  they  were  located  with- 
in the  city  limits. 

TITLE  2. 
The  Care  of  Street  Lawns. 

537.  Petition  by  property  owners. — Section  1.  Whenever  a  majority  of 
the  owners  of  property  fronting  on  any  street,  or  any  portion  of  any  street 
not  less  than  one  (1)  block  in  length,  in  the  City  of  St.  Paul,  wherein  have 
been  constructed  or  shall  hereafter  be  constructed  any  grass  plots  between 
the  sidewalk  and  roadway  of  such  street,  shall  file  a  petition  with  the  com- 
mon council  to  place  the  grass  plots  in  said  street,  or  such  portion  of  the 
street  upon  which  the  property  owned  by  the  petitioners  shall  front,  under 
the  care  and  management  of  the  board  of  park  commissioners  of  such  city, 
for  the  purpose  of  having  the  grass  cut  upon  such  grass  plots,  when  neces- 
sary, and  otherwise  caring  for  the  same,  the  common  council  may,  upon  the 
filing  of  such  petition,  pass  a  resolution  placing  the  grass  plots  in  the  street 
or  portion  of  the  street  described  in  such  petition  under  the  jurisdiction,  care 
and  management  of  the  board  of  park  commissioners  for  the  purposes  afore- 
said; and  upon  the  passage  of  such  resolution,  it  shall  be  the  duty  of  the 
common  council  to  furnish  to  the  board  of  park  commissioners  a  certified 
copy  of  such  resolution. 

538.  Park  board  may  assume  charge  of  grass  plots. — Sec.  2.  Upon  the 
receipt  by  the  board  of  park  commissioners  of  a  certified  copy  of  such  reso- 
lution, the  grass  plots  upon  the  street  or  portion  of  street  described  in  said 
petition  and  in  said  resolution  shall  be  under  the  jurisdiction,  care  and  man- 
agement of  the  board  of  park  commissioner  for  the  purpose  of  cutting  the 
grass  thereon  whenever  necessary,  and  otherwise  caring  for  the  same,  and 
thereupon  the  said  board  of  park  commissioners  may  cause  the  grass  in  said 
grass  plots  to  be  cut  whenever  necessary,  and  otherwise  cared  for.  and  the 
expense  of  such  work  shall,  in  the  first  instance,  be  payable  out  of  the  gen- 
eral fund  of  the  City  of  St.  Paul. 

539.  Cost  to  be  assessed  against  property. — Sec.  3.  It  shall  be  the  duty 
of  the  board  of  park  commissioners  to  at  all  times  keep  accurate  account  of 
the  cost  of  cutting  and  caring  for  the  grass,  as  hereinbefore  authorized  in 
this  Title,  in  front  of  each  lot  or  parcel  of  land  fronting  on  such  grass  plots, 
and  on  or  before  the  first  day  of  October  of  each  year,  said  board  shall  assess 
the  cost  and  expense  of  such  work  as  has  been  done  in  front  of  each  of  such 
lots  or  parcels  of  land  since  the  first  day  of  October  in  the  preceding  year, 
including  a  proportionate  part  of  the  cost  of  the  making  of  such  assessment 
upon  such  lot  or  parcel  of  land.  Provided;  however,  that  no  greater  assess- 
ment shall  be  levied  than  two  (2)  cents  for  each  lineal  fool  of  the  frontage 
of  such  lots  on  such  grass  plots. 

540.  County  auditor  to  extend  assessments  on  tax  roll. — Sec.  4.  On  or 
before  the  first  day  of  November  of  each  year,  the  board  of  park  commis- 
sioners shall  transmit  to  the  auditor  of  Ramsey  county  a  certified  copy  of 
the  assessment  roll,  and  said  county  auditor  shall  extend  the  assessments  in 
proper  columns  against  the  pieces  or  parcels  of  land  assessed,  and  such  as- 
sessment shall  be  collected  and  the  payment  thereof  enforced  in  like  manner 
as  state  and  county  taxes  are  collected  in  such  county  and  state,  and  the 
oayment  thereof  enforced.  When  such  assessment  shall  have  been  collected, 
the  amount  thereof  shall  be  paid  by  the  treasurer  of  Ramsey  count}'  to  the 
treasurer  of  the   City  of  St.   Paul,  and  shall,  by  said  city  treasurer  he  placed 


138  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  the  credit  of  the  general  fund  of  said  city  for  the  purpose  of  reimbursing 
said  cit}'  for  the  cost  of  doing  the  work  on  account  of  which  such  assessment 
was  made. 

If  any  such  assessment  shall  be  set  aside  as  to  any  real  estate  for  any 
cause,  by  the  decision  of  any  court  or  for  any  cause  is  found  irregular  or  de- 
lective,  the  board  of  park  commissioners  may  make  a  reassessment  as  to 
such  property,  from  time  to  time,  and  as  often  as  needs  be,  until  each  lot  or 
parcel  of  real  estate  has  paid  the  cost  of  the  cutting  of  the  grass  in  front 
thereof,  together  with  its  iiropurtinnnto  part  of  the  cost  of  making  such  as- 
sessment. 

TITLE  3. 
The  Planting  of  Shade  Trees  Along  and  Upon  Streets  and  Public  Grounds. 

541.  Petitions  for  planting  shade  trees — Cost  paid  by  assessment. — Sec- 
tion r.  The  board  of  park  commissioners  may,  upon  a  petition  of  a  majority 
of  the  owners  of  the  property  fronting  upon  any  street,  or  any  portion  of 
anjr  street  not  less  than  one  (1)  block  in  length,  at  its  discretion,  cause  suit- 
able shade  trees  to  be  planted  along  or  upon  any  street  or  alley  or  any  por- 
tion thereof,  and  upon  any  public  grounds  in  the  City  of  St.  Paul,  and  may 
cause  to  be  assessed  upon  the  piece  or  parcel  of  land  abutting  upon  such 
street,  alley  or  public  grounds,  and  benefited  by  such  improvement,  the  cost 
of  purchasing  and  planting  such  trees,  together  with  such  sum  as  may  be 
deemed  necessary  for  the  purpose  of  properly  caring  for  such  trees  for  the 
period  of  three  (3)  years  after  such  planting;  the  sum  so  assessed  shall  not 
be  greater  than  twelve  and  a  half  (12^)  cents  per  front  foot  upon  any  piece 
or  parcel  of  land;  and  any  tree  dying  within  three  (3)  years  after  having 
been  planted  by  said  board  of  park  commissioners  shall  be  replaced  by  said 
board  without  additional  assessment. 

542.  County  auditor  to  extend  assessment  on  tax  roll. — Sec.  2.  Said 
board  shall,  by  resolution,  direct  the  anidunt  to  be  assessed  against  each 
piece  or  parcel  of  land,  and  said  assessment  shall  be  deemed  to  include  all 
pieces  or  parcels  of  land  benefited,  and  the  secretary  of  said  board  shall  on 
or  before  the  first  day  of  October  of  each  year  transmit  to  the  auditor  of 
Ramsey  county  a  certified  copy  of  all  such  resolutions  not  previously  certified 
to  said  count}^  auditor,  and  said  county  auditor  shall  extend  the  assessment 
in  the  proper  columns  against  the  pieces  or  parcels  assessed,  and  such  assess- 
ment shall  be  collected,  and  the  proceeds  of  such  assessment  when  collected 
shall  be  paid  over  by  the  treasurer  of  Ramsey  county  to  the  treasurer  of  the 
City  of  St.  Paul  to  be  placed  by  him  to  the  credit  of  the  park  fund  of  the 
said  City  of  St.  Paul. 


BUILDING  RI^GULATIONS.  139 

CHAPTER    XIY. 

Building    Regulations. 

543.  Building  ordinance,  committee  to  prepare. — Section  1.  As  soon  as 
practicable  allLr  ihi.-  charier  takes  effect  the  mayor  of  said  city  shall  appoint 
a  committee,  whose  duty  it  shall  be  to  frame  an  ordinance  which  shall  pro- 
vide for  all  matters  concerning,  affecting  or  relating  to  the  construction, 
alteration,  removal  or  maintenance  of  all  buildings  or  structures  erected  or 
to  be  erected  within  said  city,  and  shall  propose  the  same  to  the  said  common 
council  within  a  period  of  two  (2)  months  from  and  after  the  date  of  the 
appointment  of  sucli  committee.  The  said  committee  shall  consist  of  hve 
(5)  members,  who  shall  be  citizens  of  said  city,  and  two  (2)  of  whom  shall 
be  at  the  time  of  their  appointment  architects,  two  (2)  of  whom  shall  at  the 
time  of  their  appointment  be  general  building  contractors,  and  one  (l)  of 
whom  shall  at  the  time  of  his  appointment  be  a  master  plumber.  The  cor- 
poration attorney  and  commissioner  of  public  works  of  said  city  shall  be  ex- 
officio  members  of  said  committee,  and  the  said  corporation  attorney  shall 
be  the  attorney  thereof  and  shall  perform  all  legal  services  required  by  said 
committee. 

544.  Ordinance  cannot  be  suspended — Amendments  must  be  of  general 
applications. — Sec.  2.  Wlien  such  ordinance  is  proposed  to  the  common 
council,  as  provided  in  the  preceding  section,  the  council  shall  proceed  to 
consider  the  same  and  shall  pass  the  same  in  the  form  recommended  by  said 
committee,  or  with  such  changes,  additions  or  modifications  as  the  common 
council  shall  deem  proper.  The  said  ordinance  shall  at  all  times  be  consistent 
with  the  provisions  of  this  charter  and  the  laws  of  the  state  applicable  to  said 
city.  The  common  council  shall  have  no  power  to  suspend  the  operation  of 
said  ordinance,  or  to  amend  the  same  for  the  purpose  of  enabling  any  person 
or  corporation  to  do  or  permit  to  be  done  any  act  or  thing  which  is  con- 
trary to  the  provisions  of  said  ordinance,  but  said  ordinance  and  any  amend- 
ments thereto  shall  at  all  times  be  of  general  application. 

545.  Compensation  to  committee. — Sec.  3.  The  members  of  said  com- 
mittee, excepting  the  commissioner  of  public  works  and  corporation  attor- 
ney, shall  receive  such  compensation  for  their  services  as  may  be  provided 
by  the  common  council,  except  that  such  compensation  shall  not  exceed  the 
sum  of  five  (5)  dollars  per  day  for  each  member  during  the  time  in  which 
he  is  actually  engaged  on  the  work  of  said  committee. 

546.  Revision  or  extensive  amendments  to  ordinance,  committee  to  pre- 
pare.— Sec.  4.  If  the  ordinance  proposL'd  by  the  cf>mniittce  as  aforesaid  shall 
not  be  passed  by  the  common  council  in  the  form  proposed,  or  a  modified 
form,  or  if,  after  such  ordinance  is  adopted,  the  common  cf)uncil  shall  deter- 
mine that  the  same  needs  to  be  extensively  amended  or  revised,  then  the 
common  council  may,  by  resolution  passed  by  at  least  two-thirds  (2-3)  of  the 
members  of  each  body  thereof,  direct  the  mayor  to  appoint  a  committee  for 
the  purpose  of  proposing  a  new  ordinance,  or  amending  or  revising  the 
ordinance  theretofore  passed  by  the  common  council,  and  such  committee 
shall  be  appointed  and  organized,  and  shall  perform  the  same  duties  as  pro- 
yided  in  the  case  of  the  committee  provided  for  in  section  1  of  this  chapter. 


140  CHARTER  OF  CITY  OF  ST.  PAUL. 

CHAPTER    XV. 

Contracts   and  Contractors'   Bonds. 

547.  Contracts    exceeding    $200 — Competitive   bids,    notice,    award,    etc. — 

Section  1.  All  contracts  for  work  to  be  done  for  the  City  of  St.  Paul,  or  for 
the  purcha.se  of  property  of  any  kind,  for  the  public  use  of  said  city,  except 
as  otherwise  provided  for  in  this  charter,  in  which  the  value  of  such  work 
or  the  price  or  value  of  such  property  shall  exceed  the  sum  of  two  hundred 
(200)  dollars,  shall  be  let  to  the  lowest  responsible  bidder,  reserving  to  the 
council  the  right  to  reject  all  bids.  In  such  case  the  common  council  shall 
require  a  notice  of  not  less  than  six  days  for  the  time  and  place  of  letting 
such  contract,  by  publication  in  the  official  paper  of  said  city,  which  notice 
shall  substantially  describe  the  work  to  be  done  and  such  other  particulars 
as  the  common  council  inay  order,  and  shall  designate  the  time  and  place 
when  and  where  sealed  proposals  shall  be  received  therefor;  the  said  pro- 
posals shall  be  opened  and  considered  at  the  first  meeting-  thereafter  of  either 
body  of  the  common  council,  and  upon  any  bid  aforesaid  being  accepted,  a 
contract  in  accordance  therewith  shall  be  drafted  and  submitted  to  said  coun- 
cil for  its  approval;  and  upon  the  same  being  approved  and  signed  by  the 
presiding  officer  of  each  body  of  the  said  council,  it  shall  be  executed  on  the 
part  of  the  city  by  the  mayor  and  city  clerk  with  the  corporate  seal  of  the 
city  attached,  and  countersigned  by  the  comptroller,  and  filed  with  the  bond 
required  by  this  charter  in  the  office  of  such  comptraller. 

548.  Contracts  of  $200  or  less — Extraordinary  emergencies. — Sec.  2. 
Contracts  for  work  or  for  the  purchase  of  property  where  the  value  of  the 
work  or  the  price  of  the  property  shall  not  exceed  the  sum  of  two  hundred 
(200)  dollars,  except  as  otherwise  provided  by  this  charter,  may  be  authorized 
by  a  resolution  of  the  common  council  to  be  made  and  entered  into  by  any 
committee  or  officer  of  said  city  designated  in  such  resolution.  Provided, 
that  in  the  event  of  extraordinary  and  sudden  injury  by  fire,  flood  or  other 
unfor.-een  cause  to  the  bridges,  or  to  any  public  property  of  said  city,  where- 
by such  property  or  adjoining  property  may  be  endangered  or  damaged,  or 
the  public  health  or  safety  may  require  the  immediate  repair  thereof,  the 
said  council  may  authorize  the  same  by  resolution  passed  by  a  two-thirds  (2-3) 
vote  of  all  the  members  of  each  body  thereof,  but  the  cost  and  expense  there- 
of shall  not  in  any  event  exceed  the  sum  of  one  thousand   (],00n)   dollars. 

549.  Comptroller  not  to  countersign  contracts  until  money  is  provided. — 

Sec.  ?).  In  the  case  of  any  ci)ntract  ]:)ro\'ided  for  in  the  foregoing  sections 
requiring  to  be  let  upon  notice  as  aforesaid,  the  comptroller  shall  not  coun- 
tersign the  same  until  provision  shall  have  been  made  for  sufficient  money  in 
the  appropriate  fund  to  meet  the  indebtedness  incurred  by  such  contract. 
When  the  said  contract  shall  have  been  so  countersigned  by  such  coinptroller, 
he  shall  immediately  thereafter  deliyer  a  certified  copy  thereof  to  the  party 
or  parties  named  in  such  contract,  and  until  the  delivery  of  such  certified 
copy  the  same  shall  not  be  deemed  the  contract  of  said  city,  and  no  work 
shall  be  commenced  or  done  thereunder  until  such  contract  is  so  delivered, 
nor  shall  the  same  be  accepted  b)^  said  city,  or  any  accounts,  claims  or  de- 
mands allowed,  audited  and  paid  thereunder. 

550.  Contractors  liable  for  personal  or  property  damages. — Sec.  4.  Any 
contractor  or  person  who  accepts  a  contract  under  said  city  shall  take  the 
same  with  the  condition  that  he  shall  be  personally  and  directly  responsible 
for  anj--  and  all  loss,  damage  or  injury  to  person  or  property,  by  reason  of 
the  neglect  or  failure  of  himself  or  any  one  in  his  employ,  to  so  perfqrm  such 
work  as  to  guard  against  all  loss,  damage  and  injury  to  person  or  property, 
and  shall  guard  such  work  by  suitable  guards  by  day  and  with  lights  at  ngiht, 
so  as  to  prevent  any  such  loss,  damage  or  accident. 


CONTRACTS  AND  CONTRACTORS  BONDS.         141 

551.  Contractor's  bond. — Sec.  5.  Before  any  contract  whatever  for  the 
doing  of  any  work  or  labor  or  furnishing  of  any  skill  or  material  to  the  City 
of  St.  Paul  for  the  erection,  construction,  alteration  or  repair  of  any  bridge, 
public  building  or  other  public  structure,  work  or  improvement,  or  in  the 
making  of  any  public  improvement  whatsoever,  shall  be  valid  for  any  pur- 
pose, the  contractor  therefor  shall  enter  into  a  bond  with  said  city  for  the 
use  of  the  same,  and  also  for  the  use  of  all  persons  who  may  perform  any 
work  or  labor  or  furnish  any  skill  or  material  in  the  execution  of  such  con- 
tract, conditioned  to  pay  as  they  become  due,  all  just  claims  for  all  work  and 
labor  performed  and  all  skill  and  material  furnished  in  the  execution  of  such 
contract,  and  also  to  save  the  obligee  named  in  such  bond  harmless  from  any 
cost,  charge  and  expense  that  may  accrue  on  account  of  the  doing  of  the 
work  specified  in  such  contract,  and  also  to  complete  such  contract  accord- 
ing to  the  terms  thereof  and  the  contract  price,  and  to  comply  with  all  the 
requirements  of  law,  which  bond  shall  be  in  an  amount  not  less  than  the 
contract  price  agreed  to  be  paid  for  the  performance  of  such  contract,  and 
shall  be  duly  signed  and  acknowledged  by  such  contractor  and  two  or  more 
sufficient  sureties,  which  bond  shall  be  approved  by  the  mayor  of  the  city 
and  filed  with  the  contract  in  the  office  of  the  custodian  of  such  contract. 

552.  Sureties  on  contractor's  bond. — Sec.  6.  The  sureties  on  such  bond 
shall  each  take  and  subscribe  an  oath  that  he  is  a  resident  of  the  State  of 
Minnesota,  and  that  he  is  seized  in  fee  of  real  estate  situated  in  said  state 
and  not  exempt  by  law  from  sale  on  execution,  of  the  value  and  worth  over 
and  above  all  incumbrances  thereon  of  the  sum  for  which  he  is  to  justify  in 
said  bond.  More  than  two  sureties  may  be  accepted  on  such  bond  and  they 
may  justify  in  separate  and  different  sums  less  than  the  sum  specified  in 
such  bond,  provided  that  the  aggregate  of  their  jurisdictions  shall  be  equal  to 
sureties,  each  justifying  in  a  sum  equal  to  the  amount  of  said  bond.  No  as- 
signment of'  such  contract,  no  modification  of  the  structure  of  work  covered 
thereby  and  no  extension  of  the  time  within  which  to  complete  such  contract 
shall  have  the  effect  to  release  the  sureties  on  said  bond. 

553.  Surety  company  bond  sufficient. — Sec.  7.  Any  company  organized 
under  chapter  one  hundred  and  seven  (107)  of  the  General  Laws  of  Minne- 
sota for  1883,  entitled,  "An  act  to  authorize  the  organization  and  incorpora- 
tion of  annuity,  safe  deposit  and  trust  companies  as  amended,"  and  any  com- 
pany referred  to  in  and  complying  with  the  provisions  of  chapter  42  of  the 
General  Laws  of  1893,  entitled,  "An  act  relative  to  recognizances,  stipulations, 
bonds,  obligations  and  undertakings  and  to  allow  corporations  to  be  accepted 
as  surety  thereon,"  approved  April  18th,  1893,  if  satisfactory  to  the  obligee 
therein,  may  become  sole  surety  under  any  bond  required  by  this  charter, 
and  in  such  case  so  much  of  the  provisions  of  this  act  as  requires  two  or  more 
good  and  sufficient  sureties  shall  be  considered  to  be  fully  satisfied  by  the 
execution  of  any  such  bond  by  such  corporation,  and  none  of  the  provisions 
of  this  act  relating  to  sureties  or  approvals  shall  be  required. 

554.  Parties  in  interest — Actions  against  city  or  contractor. — Sec.  8. 
Whoever  shall  perform  or  cause  to  be  performed  any  work  or  labor  or  fur- 
nish or  cause  to  be  furnished  any  skill  or  material,  including  any  work,  labor, 
skill  or  material  necessary  in  the  repair  of  any  tool  or  machine  and  includ- 
ing the  use  of  any  tool  or  machine  or  material  furnished  particularly  for 
such  contract  and  used  therfor  in  the  execution  of  such  contract  at  the  re- 
quest of  the  contractor,  his  agents,  heirs,  administrators,  executors  or  as- 
signs or  at  the  request  of  any  sub-contractor,  his  heirs,  agents,  administra- 
tors, executors  or  assigns,  or  at  the  request  of  the  obligee  named  in  said  bond, 
in  case  such  obligee  shall  have  determined  such  contract  and  shall  have 
completed  the  same  at  the  cost  of  the  contractors,  shall  be  considered  a  party 
in  interest  in  said  bond  and  may  bring  action  thereon  for  the  reasonable 
value  or  agreed  price  as  the  case  may  be,  of  the  work  or  labor  performed 
or  skill  or  material  or  tool  or  machine  furnished  in  the  performance  of  such 
contract.     Such    action    may    be    brought    by    any    party    authorized    as   herein- 


142  CHARTER  OF  CITY  OF  ST.  PAUL. 

before  set  forth  to  begin  the  same,  whenever  his  claims  are  not  paid  as  the- 
same  become  due.  At  the  time  of  bringing  such  suit  the  plaintifif  therein 
shall  notify  the  obligee  named  in  said  bond  letting  such  contract,  that  said 
suit  has  been  commenced  specifying  the  names  of  the  parties  to  said  suit, 
the  bond  upon  which  the  said  suit  is  brought  and  the  amount  and  nature  of 
plaintiff's  claims  and  judgment  shall  not  be  entered  in  such  action  until 
thirty  days  after  said  notice  has  been  given.  Any  party  having  a  cause  of 
action  on  such  bond  may  on  petition  be  made  a  party  to  any  action  which 
may  be  brought  thereon  and  in  said  action  the  court  shall  adjudicate  and  de- 
termine the  right  of  all  parties  to  said  action,  and  if  the  amount  realized  on 
said  bond  shall  not  be  sufficient  to  discharge  all  such  claims  in  full,  the 
amount  realized  shall  be  distributed  pro  rata  in  discharge  of  the  claims  of  the 
parties  in  said  action,  and  the  obligee  named  in  any  such  bond  shall  also  be 
considered  a  party  in  interest,  and  may  bring  an  action  thereon  whenever  a 
right  of  action  thereon  in  favor  of  such  obligee  shall  have  accrued. 

555.  Additional  bond  may  be  required — Sec.  9.  The  obligee  named  in 
any  such  bond,  whenever  in  its  judgment  one  or  more  of  the  sureties  on  sucli 
bond  have  become  insolvent  or  for  any  cause  are  no  longer  proper  and  suffi- 
cient sureties,  may  require  the  contractor  to  furnish  a  new  or  additional  bond 
within  ten  (10)  days  after  notice  to  that  effect;  and  thereupon  if  so  ordered 
by  such  obligee  all  work  on  such  contract  shall  cease,  or  until  such  new  or 
additional  bond  shall  be  so  furnished  as  required,  and  if  a  new  or  additional 
bond  shall  not  be  so  furnished  as  and  within  the  time  above  required,  then 
said  obligee  may  at  its  option  determine  such  contract  and  complete  the  same 
as  the  agent  and  at  the  expense  of  such  contractor  and  bondsmen. 

556.  Actions  on  bond,  time,  limitation. — Sec.  10.  No  action  shall  be 
maintained  on  any  such  bond  unless  the  same  shall  be  commenced  within  one 
year  after  the  cause  of  action  accrues. 

557.  Estimates  on  contracts. — Sec.  11.  Before  any  contractor,  his  agents, 
heirs,  administrators,  successors  or  assigns,  shall  receive  any  estimate  on 
any  contract  with  the  said  City  of  St.  Paul  for  which  a  bond  is  required,  he,  his 
heirs,  administrators,  executors,  successors  or  assigns,  shall  make  and  file 
with  the  city  comptroller  an  affidavit  that  all  claims  for  all  work  and  labor  to 
date,  and  for  which  an  estimate  is  asked,  have  been  fully  paid. 

558.  Assignment  of  city  contracts  prohibited. — Sec.  12.  No  contract 
with  said  cit}'  for  the  doing  of  any  public  work  shall  hereafter  be  assigned  or 
transferred  in  an}'  manner,  and  any  assignment  or  transfer  except  by  opera- 
tion of  law,  of  any  such  contract,  shall  fully  end  and  determine  such  contract 
and  shall  make  the  same  null  and  void  as  to  any  further  performance  thereof 
by  the  contractor  or  his  assigns,  without  any  notice  or  preliminary  act  on 
the  part  of  said  city;  and  the  board  of  public  works  of  said  city  may  at  once 
proceed  to  relet  such  contract,  or  the  commissioner  of  public  works  inay,  in 
the  discretion  of  said  board,  proceed  to  complete  the  same  as  the  agent  and 
at  the  expense  of  such  contractor  and  his  bondsmen. 

559.  Bond  or  certified  check  accompanying  bid. — Sec.  13.  The  common 
council  shall  have  power  to  re(juire  all  bids  for  work  to  be  done  for  the  City 
of  St.  Paul,  or  for  the  purchase  of  material  or  property  of  any  kind  for  the 
public  use  of  said  city,  to  be  accompanied  by  a  bond  on  the  part  of  the  bidder 
in  such  sum  and  with  such  sureties  and  conditions  as  the  common  council 
may  prescribe,  but  any  such  bidder  has  the  option  to  make  a  deposit  of  a 
check  certified  by  a  solvent  bank  and  payable  to  the  City  of  St.  Paul,  or  of 
cash  in  lieu  of  such  bond. 


SALARIES',  FEES  AXD  REPORTS  OF  CITY  OFFICERS.  14;! 

CHAl^TER    XYl. 

Salaries,   Fees  and   Reports  of  City  Officers. 

560.  Salaries  to  be  paid  monthly. — Section  1.  For  the  faithful  discharge 
of  the  duties  of  their  respective  offices,  the  following  named  city  officers  and 
employes  of  the  City  of  St.  Paul  shall  receive  per  annum,  payable  in  equal 
monthly  installments  out  of  the  city  treasury,  the  salaries  herein  specified. 
Provided,  however,  that  the  present  incumbents  of  the  offices  of  city  clerk, 
building  inspector  and  president  and  members  of  the  board  of  water  com- 
missioners shall  continue  until  the  expiration  of  their  respective  terms  of 
office,  to  receive  compensation  at  the  same  rate  at  which  they  were  com- 
pensated prior  to  the  adoption  of  this  charter: 

The    mayor $2,500.00 

The    mayor's   secretary 1,200.00 

Each  assemblyman  and  alderman 100.00 

The  city  comptroller 3,500.00 

The    city   treasurer 4,000.00 

The  city  clerk 3,000.00 

The   corporation    attorney 5,000.00 

The  first  assistant  corporation  attorney 2,500.00 

The  second  assistant  corporation  attorney 1,200.00 

The  third  assistant  corporation  attorney 1,200.00 

The  commissioner  of  public  works 5,000.00 

The  first  assistant  commissioner  of  public  works 2,500.00 

The   market   master 1,000.00 

The  chief  of  police 2,500.00 

The  chief  commissioner  of  health 2,400.00 

The  assistant  commissioner  of  health 1,200.00 

Each  judge  of  municipal  court 4,000.00 

The  clerk  of  the   municipal  court 2,500.00 

The  deputy  clerk  of  the  municipal  court 1,200.00 

The  stenographic  reporter  of  the  municipal  court 1,200.00 

Each  member  oi  the  board  of  public  works 2,500.00 

The  chief  engineer  of  the  fire  department 2,500.00 

The  first  assistant  engineer  of  the  fire  department 1,800.00 

The  second  assistant  engineer  of  the  fire  department 1,000.00 

The  superintendent  of  the  fire  alarm  telegraph .• 1,:;00.00 

561.  Clerk  hire  allowances. — Sec.  2.  The  common  council  may  from 
time  to  time  fix  and  provide  for  clerk  hire,  as  follows,  viz: 

For  the  office  of  city  comptroller,  not  to  exceed  in  the  aggregate.  ..  .$5,000.00 

For  the  office  of  city  treasurer,  not  to  exceed  in  the  aggregate 8,000.00 

For  the  office  of  city  clerk,  not  to  exceed  in  the  aggregate 4,600.00 

Fo!"  the  office  of  corporation  attorney,  not  to  exceed  in  the  aggregate.    1,800.00 
For  the  board  of  public  works,  not  to  exceed  in  the  aggregate 3,420.00 

562.  Number  and  compensation  of  employes  of  commissioner  of  public 
works. — Sec.  3.  The  common  cr)uncil  shall  from  time  to  time  tix  and  provide 
for  the  number  and  compensation  of  all  employes  of  the  department  of  the 
commissioner  of  public  works,  other  than  the  said  commissioner  and  his  first 
assistant,  including  all  other  assistants  and  employes  of  said  commissioner 
as  ex-officio  building  inspector.  But  in  no  case  shall  the  compensation  of  any 
such  assistant  or  employe  exceed  the  sum  recommended  to  be  paid  by  said 
commissioner  of  public  works;  and  the  aggregate  of  said  amounts  of  com- 
pensation shall  not  in  any  fiscal  year,  exceed  the  sum  limited  by  this  charter 
for  the  total  expenditure  of  the  department  of  said  commissioner  of  public 
works. 


]44  CHARTER  OF  CITY  ()!•*  ST.  PAUL. 

563.  Extra  compensation  not  allowed  city  officials — Exceptions. — Sec.  4. 
None  of  said  officers  or  officials,  and  no  employes  of  said  city,  shall  receive 
any  other  or  greater  sums  than  the  salaries  provided  for  in  this  charter  in 
any  manner  for  services  performed  for  said  city;  and  such  salaries  shall  be 
taken  as  including  compensation  for  all  services  rendered  by  any  of  said 
officers,  officials  or  employes  in  any  other  office  or  employment  for  said  city, 
or  while  acting  in  any  other  capacity  than  as  hereinbefore  designated,  except- 
ing only  that  nothing  herein  contained  shall  apply  to  the  mayor  or  prohibit 
any  assemblyman  or  alderman  who  may  serve  on  the  board  of  equalization 
or  abatement  of  Ramsey  county,  or  upon  the  joint  court  house  and  city  hall 
committee,  from  receiving  such  compensation  therefor  as  may  be  provided 
by  law. 

564.  Fees,  costs,  etc.,  city  to  receive — Exception. — Sec.  5.  The  fees, 
costs,  percentages,  penalties,  allowances,  rewards  and  perquisites,  and  all 
other  sums  of  whatever  kind,  which  are  by  virtue  of  any  law,  city  ordinance 
or  otherwise  paid  or  required  to  be  paid  to  the  commissioner  of  public  works, 
or  to  the  city  treasurer  or  to  the  slerk  of  said  city  or  the  clerk  of  said  munici- 
pal court,  or  to  the  market  master  of  said  city,  or  to  any  officer,  official  or 
employe  of  said  city,  or  which  any  of  said  officials  or  employes  is  or  may 
hereafter  be  authorized  to  charge,  receive  and  collect  for  any  official  services 
rendered  by  him  or  in  his  office,  except  the  respective  salaries  provided  for 
under  this  charter,  shall  be  received  and  collected  by  such  city  officer,  official 
or  city  employe  respectively  to  and  for  the  sole  use  of  the  said  City  of  St.  Paul 
as  public  moneys  belonging  to  said  City  of  St.  Paul,  and  not  otherwise,  and 
shall  be  accounted  for  and  paid  over  forthwith  into  the  city  treasury.  This 
section  shall  not  apply  to  fees  paid  stenographer  or  municipal  court  for  trans- 
cripts. 

565.  Record  book  of  fees,  etc. — Sec.  6.  It  is  hereby  made  the  duty  of 
every  officer,  official  and  employe  of  said  city  who  receives  or  is  entitled  to 
receive  and  collect  any  fees,  costs,  percentage,  penalties,  allowances,  rewards 
or  perquisites,  to  keep  a  proper  record  book,  which  shall  and  must  show  at 
all  times  the  services  performed  by  him,  and  the  charges  for  such  services, 
the  daily  money  receipts  of  their  respective  offices  from  all  sources  what- 
soever; and  such  moneys  received  shall  and  must  be  entered  upon  the  recc^rd 
books  at  the  time  such  were  received,  together  with  the  name  or  names  of 
the  parties  from  whom  received,  and  the  date,  character  and  matter  in  whi';h 
such  services  were  rendered,  which  said  record  book  shall  at  all  times  be 
subject  to  examination  by  the  common  council  of  said  city,  or  any  committee 
thereof,  or  by  any  citizen  or  tax  payer  of  said  city;  and  any  such  record  book 
shall  be  part  of  the  records  of  the  offices  in  which  the  same  are  kept  and 
belong  to  the  City  of  St.  Paul  and  shall  be  delivered  to  the  successors  in 
office. 

566.  Monthly  reports  of  fees,  etc. — Sec.  T.  It  is  hereby  made  the  duty 
of  every  such  officer,  official  or  employe  to  make  and  report  to  the  common 
council  of  said  city  monthly  at  the  end  of  each  month  during  their  respective 
terms  a  true  and  correct  account  and  statement  under  oath,  in  detail  giving 
items  and  dates  of  all  fees,  costs,  percentages,  penalties,  alowances,  rewards 
and  perquisites  of  every  kind  charged  and  chargeable  in  his  office,  or  in  the 
discharge  of  the  duties  thereof,  or  received  or  recoverable  by  him  for  any 
service  rendered  by  him  in  his  office  during  the  month  next  preceding  the 
time  for  making  such  account  and  statement,  showing  the  whole  amount 
thereof,  how  much  thereof  has  been  received  or  collected,  and  how  much" 
thereof  remains  uncollected,  the  names  of  the  persons  by  whom  any  of  the 
same  are  owing,  and  the  amount  owing  by  each,  and  the  reason  why  the  same 
remains  uncollected. 

567.  Penalty  for  violations  of  above. — Sec.  8  In  case  any  officer,  official 
or  employe  shall  fail  to  pay  over  into  the  city  treasury  any  money  due  or 
owing  from  him  to  said  City  of  St.  Paul  under  the  provisions  of  this  charter, 


SALARIES'.  FEES  AND  REPORTS  OF  CITY  OFFICERS.  145 

for  a  period  of  thirty  (30)  days  alter  the  same  shall  be  owing  and  payable  as 
aforesaid,  or  if  any  one  of  said  officers,  officials  or  employes  with  intent  to 
violate  any  of  the  provisions  of  this  chapter,  fail  to  make  and  furnish  the 
accounts  and  statements  and  records  herein  required  at  the  time  and  in  the 
manner  herein  specified,  or  shall  willfully  make  any  such  account,  statement 
or  record  false  in  any  material  matter,  knowing  the  same  to  be  so,  or  shall 
willfuly  violate  any  of  the  foregoing  provisions,  he  shall  upon  conviction 
thereof  be  adjudged  guilty  of  misconduct  in  office  and  shall  be  immediately 
removed  therefrom,  and  shall  be  punished  and  sentenced  to  pay  a  fine,  for  the 
use  of  said  City  of  St.  Paul,  of  not  less  than  two  hundred  (200)  dollars,  and 
not  more  than  two  thousand  (2,000)  dollars  for  each  offence,  for  the  payment 
of  whii:h  amount,  and  other  amounts  due  from  him  to  said  City  of  St.  Paul, 
his  sureties  upon  his  official  bond  shall  also  be  liable  upon  such  bond  to  be 
recovered  in  the  name  of  the  City  of  St.  Paul. 

568.  Yearly  reports  of  city  officers. — Sec.  9.  On  or  before  the  first  Tues- 
day in  April  in  each  and  every  year  after  the  close  of  the  fiscal  year  next 
preceding,  the  city  comptroller,  the  city  treasurer,  the  city  clerk,  the  comis- 
sioner  of  public  works,  the  corporation  attorney,  the  board  of  police,  the 
board  of  public  works,  the  board  of  water  commissioners,  the  board  of  park 
commissioners,  the  board  of  fire  commissioners,  the  commissioner  of  health, 
the  board  of  control,  the  board  of  school  inspectors,  the  board  of  workhouse 
directors,  the  clerk  of  the  municipal  court  and  the  board  of  library  directors, 
shall  in  addition  to  the  reports  now  required  by  law,  and  in  addition  to  any 
reports  that  may  be  from  time  to  time  ordered  by  the  common  council,  make 
full  and  detailed  reports  to  the  mayor  and  common  council  of  said  city,  of 
all  the  transactions,  operations,  receipts,  disbursements  and  accounts  of  their 
respective  boards  and  offices  for  the  year  next  preceding  the  first  day  of  Jan- 
uary of  the  year  in  which  said  reports  are  required  to  be  made  by  this  sec- 
tion. Such  reports  shall  respectively  show,  among  other  things,  all  moneys 
received  and  from  what  sources  received,  all  moneys  paid  out  and  on  what 
account  paid  out,  and  the  number  and  description  of  the  warrant  upon  which 
the  same  was  drawn  and  paid,  and  reference  to  the  law,  order,  contract  or  au- 
thority" requiring  the  same  to  be  paid.  And  the  common  council  of  said  city 
is  hereby  authorized  and  empowered  to  cause  to  be  printed  such  a  number  of 
said  reports  annually  as  the  public  interests  may  require,  not  exceeding  1,000 
copies  of  any  report. 

569.  Penalty  for  failure  to  make  such  reports. — Sec.  10.  Any  officer  and 
all  members  of  any  board  designated  in  the  next  preceding  section  who  shall 
fail  to  make  the  report  in  said  section  required,  in  the  time  and  manner  in 
said  section  provided,  or  to  to  make  any  report  which  is  now  or  may  hereafter 
be  required  of  him  by  law  or  by  any  order  of  the  common  council  of  said  city, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  (100)  dollars,  nor  more  than 
five  hundred  (500)  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  thirty  (30)  days,  nor  more  than  ninety  (90)  days,  or  by  both  such  fine 
and  imprisonment. 

570.  Officer  or  board  failing  as  above  may  be  suspended  from  office  by 
council. — Sec.  11.  Upon  the  failure  of  any  officer  or  l)iiar(l  designated  in  the 
foregoing  sections  of  this  chapter  to  make  ah  annual  report  or  any  other 
report  to  the  mayor  and  common  council  of  the  City  of  St.  Paul,  as  provided 
by  law  or  the  order  of  said  council,  said  council  shall  have  the  power,  and 
it  shall  be  its  duty,  to  suspend  such  officer  or  board  from  all  power  or  au- 
thority to  further  discharge  its  duties,  and  by  ordinance  to  prohibit  such  offi- 
cer or  board  from  receiving  any  salary  or  compensation  until  such  order  of 
suspension  is  revoked,  and  no  such  officer  or  board  shall  receive  any  com- 
pensation or  salary,  pending  the  order  of  suspension.  The  common  council 
of  said  city  is  authorized  and  empowered  to  seize  all  books,  vouchers,  ac- 
counts, papers  and  property  of  every  description,  in,  or  pertaining  to  the 
office  or  tlie  officer  or  board,  failing  tr)  make  reports  as  re(iuircd   by  law,  and 


146  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  appoint  an  auditor  or  board  of  auditors  to  make  such  report  from  the 
books,  papers  and  vouchers  found.  If,  upon  such  report  being  made,  and 
after  due  hearing  thereon,  it  shall  appear  to  the  common  council  that  such 
officer  or  any  member  of  such  board,  has  been  guilty  of  any  corrupt  or 
fraudulent  conduct  in  office,  said  council  shall  have  power  to  declare  the 
office  of  such  officer  or  members  of  such  board  vacant,  and  to  fill  the  same 
until   successors   are   duly   elected  or  appointed   and   qualified  as   provided  by 


law. 


CHAPTER    XVII. 

Assessment  of  Property  for  General  Taxation. 

The  provisions  of  law  relating  to  the  assessment  of  property  for  general 
taxation  as  they  now  exist  are  continued  in  force  and  made  part  of  this  char- 
ter.    Such  provisions  are  as  follows: 

571.  County  assessor — Appointment,  qualifications,  oath,  bond — Vacany, 
how  filled. — Section  1.  The  chairman  6i  the  board  of  county  commissioners 
and  the  auditor  of  the  County  of  Ramsey,  together  with  the  president  of  the 
common  council  of  the  City  of  St.  Paul,  shall  constitute  a  board  of  appoint- 
ment for  the  purpose  named  in  this  act  who  are  authorized  and  required  on 
the  tenth  (lOth)  day  of  March,  or  as  soon  thereafter  as  practicable,  and 
every  alternate  year  thereafter,  on  the  tenth  (10th)  day  of  March,  or  as  soon 
thereafter  as  practicable,  to  appoint  a  suitable  person  as  assessor  for  the 
County  of  Ramsey,  who  shall  be,  at  the  time  of  his  appointment,  a  resident 
freeholder  and  qualified  elector  of  said  county,  and  shall  hold  office  for  the 
term  of  two  (3)  years,  commencing  on  the  tenth  (10th)  day  of  March,  the 
date  of  his  appointment,  and  until  his  successor  is  appointed  and  qualified. 
The  said  board,  or  a  majority  of  them,  shall  have  power  to  fill  all  vacancies 
in  said  office  occasioned  by  death,  resignation,  removal  or  other  cause,  for 
the  unexpired  term  or  otherwise.  The  said  board,  or  a  majority  of  them, 
shall  have  power  to  remove  at  pleasure  such  assessor  at  any  time  from  office. 
Such  assessor  before  commencing  his  duties,  shall  take  and  subscribe  an 
oath  of  office,  and  give  bond  in  the  penal  sum  of  five  thousand  (5,000)  dollars, 
to  the  State  of  Minnesota,  with  sureties  to  be  approved  by  any  one  of  said 
board,  in  the  manner  and  form  required  of  assessors  under  the  general  laws 
of  this  state,  relating  to  taxes,  as  far  as  applicable  to  this  act,  which  oath  and 
bond  shall  be  filed  with  the  county  auditor  of  said  county.  (S.  L.  1875,  Ch. 
90,  Sec.  1.) 

572,  Assistant     assessors,     appointment,     compensation,     bond. — Sec.     2. 

Such  assessor  shall  have  power  to  appoint  one  or  more  assistant  assessors 
under  him,  each  of  whom  shall  be  a  resident  freeholder  and  qualified  elector 
of  said  county,  and  the  same  at  pleasure  to  remove,  for  whose  acts  he  shall 
be  responsible.  Each  assistant  assessor  aforesaid  shall  act  under  the  direction 
of  the  principal  assessor,  and  may  be  assigned  by  such  principal  assessor,  such 
district  or  portion  of  said  county,  or  such  other  duties  as  such  principal  as- 
sessor may  deem  expedient,  and  shall  receive  such  compensation  as  such 
principal  assessor  may  deem  advisable.  Provided,  that  each  township  shall 
be  entitled  to  its  own  assistant  assessor,  who  shall  be  appointed  by  the  prin- 
cipal assessor,  subject  to  the  approval  of  the  board  of  supervisors  or  a  ma- 
jority thereof  from  each  township;  and,  provided  further,  that  the  compensa- 
tion of  any  such  assistant  assessor  shall  not  exceed  twelve  hundred  (1200) 
dollars  in  or  for  any  one  year,  and  that  the  compensation  in  the  whole  for 
assistant  assessor  shall  not  exceed,  in  or  for  any  one  year,  the  sum  of  two 
thousand  (2000)  dollars.  The  office  of  such  assistant  assessor,  unless  other- 
wise sooner  determined,  shall  terminate  at  the  time  of  the  termination  of 
the  office  of  the  principal  assessor  by  who  mhe  was  appointed.     Such  assist- 


ASSES^^.MIiXT  OF   I^ROPERTV    FOR   GF:XERAL  TAXATION.     147 

ant  assessor  shall  take  and  subscribe  an  oath  of  office,  and  give  bond  to  the 
State  of  Minnesota  in  the  penal  sum  of  one  thousand  (1,000)  dollars  with 
sureties  to-be  approved  by  the  principal  assessor,  in  manner  and  form  re- 
quired by  assistant  assessors,  under  the  general  laws  of  this  state  relative  to 
taxes,  as  far  as  applicable  to  this  act;  said  bond  and  oath  of  such  assistant 
assessor  shall  be  tiled  with  the  county  auditor  of  said  county.      (lb.  Sec.  2.) 

573.  Duties  and  powers  of  assessor. — Sec.  3.  Said  principal  assessor,  by 
himself,  uv  with  the  aid  of  his  as.-^istant  assessors,  shall  assess  all  property 
subject  tu  la.xation  under  the  general  laws  of  this  state,  within  said  County 
of  Ramsey,  including  the  City  of  St.  Paul,  and  shall  have  within  said  County 
of  Ramsey,  including  the  City  of  St.  Paul,  all  the  powers,  rights  and  privil- 
eges allowed,  and  discharge  all  the  duties  of  assessors  required  by  the  general 
laws  of  this  state  relative  to  taxes  or  otherwise,  whether  for  state,  county, 
city,  town  or  other  taxes,  assessable  und^r  the  general  aws  of  this  state,  and 
shall  proceed  in  the  manner  prescribed  by  the  general  laws  of  this  state,  rela- 
tive to  taxes,  except  as  otherwise  provided  in  this  act.      (lb.  Jr'ec.  ?,.) 

574.  Books,  abstracts,  etc.,  to  be  furnished  by  county  auditor. — Sec.  4. 
The  county  auditor  of  the  county  shall  deliver  to  the  assessor  of  said  county, 
on  or  before  the  first  day  of  March  in  each  year,  or  as  soon  thereafter  as 
practicable  at  the  expense  of  the  county,  such  books,  abstracts,  maps,  blanks 
and  other  papers  needed  b}^  said  assessor,  and  by  his  assistant  assessor,  as 
arc  required  by  law  to  be  delivered  to  assessors.  (lb.  Sec.  4  as  amended,  S. 
L.  1877,  Ch.  172,  Sec.  1.) 

575.  Separate  assessment  roll  of  each  ward  "and  town. — Sec.  5.  Said  as- 
sessor shall  enter  upon  the  discharge  of  his  duties  as  soon  as  the  said  books 
and  blanks  are  ready,  and  shall  make  and  return,  in  the  manner  prescribed 
by  the  general  laws  of  the  state,  a  separate  assessment  roll  or  return  of  each 
ward  of  the  City  of  St.  Paul  and  towns  in  said  county  of  Ramsey,  on  or  be- 
fore the  first  Monday  of  July,  annually,  and  to  be  contained  in  suitable  books 
<o  be  furnished  by  the  county  auditor,  and  which  said  returns  shall  be  certi- 
fied, and  subscribed  in  each  case  by  the  said  principal  assessor,  and  the  whole 
returns  for  the  county,  showing  the  aggregate  amount  of  the  assessment  to 
be  made,  on  or  before  the  15th  day  of  July  in  each  year.  (lb.  Sec.  5,  as 
amended,  S.  L.  1877,  Ch.  172,  Sec.  2.)  (AH  property  assessed  prior  to  May 
1st  in  said  county  shall  be  assessed  with  reference  to  its  value  at  the  time  of 
assessment,  except  new  buildings  and  merchandise.)  (S.  L.  1876,  Ch.  215, 
Sec.  3.) 

576.  Record  of  assessments  and  proceedings. — Sec.  6.  The  county  com- 
missioner of  said  county  shall  provide  a  suitable  office  for  said  assessor,  to  be 
opened  to  the  public  during  the  usual  business  hours,  as  other  public  offices 
of  said  county,  and  the  said  assessor  shall  keep  therein  a  record  of  his  as- 
sessments and  other  procedings.  in  a  suitable  bonk  or  books,  to  be  provided 
at  the  expense  of  said  county.     (lb.  sec.  fi). 

577.  Legislative  acts  repealed.^-Sec.  7.  Sections  two  (2),  three  (3),  four 
(4\  five  (5),  six  (G)  and  seven  (7)  of  chapter  eight  (8)  of  the  act  of  the  legis- 
lature, entitled,  "An  act  entitled  an  act  to  reduce  the  law  incorporating  the 
City  of  St.  Paul,  in  the  County  of  Ramse3%  in  the  State  of  Minnesota,  and  the 
several  acts  amendatory  thereof,  and  certain  other  acts  relating  to  said  city, 
into  one  act,  and  to  amend  the  same,"  passed  March  5th,  1874,  and  all  parts 
of  any  acts  of  the  legislature,  inconsistent  with  this  act,  shall,  after  an  assessor 
shall  be  appointed  and  qualified  under  this  act,  be  repealed  and  of  no  force; 
provided,  that  nothing  herein  contained  shall  affect  the  validity  of  any  as- 
sessment heretofore  made,  or  proceeding  thereon,  or  shall  have  any  applica- 
tion to  any  provision  of  the  charter  of  the  City  of  St.  Paul,  or  any  statutes 
relative  to  assessments  for  local  improvements  in  the  City  of  St.  Paul,  or  to 
the  board  nf  public  works  of  said  city.      (lb.  Sec.  7.) 

578.  Board  of  equalization. — Sec.  8.  In  each  year,  prior  to  the  first  day 
of    September,    llie    bnard    nf    crmnty    cnnimissinners    of    Ramsey    connly,    shall 


148     .  CHARTER  U[^'  CFTV  OF  ST.  PAUL. 

elect  from  their  number  three  (3)  persons,  and  the  common  council  of  the 
city  of  St.  Paul  shall  elect  from  their  number  four  (4)  persons,  and  the  said 
persons  so  elected,  together  with  the  city  assessor  of  St.  Paul,  the  mayor  of 
said  city,  the  county  auditor  and  one  (l)  assessor  from  the  county,  to  be 
appointed  by  a  majority  of  the  township  assessors,  shall  constitute  a  board  of 
equalization,  whose  duty  it  shall  be  to  equalize  the  assessments  of  property 
within  the  County  of  Ramsey,  as  provided  by  the  general  laws  of  the  state 
in  relation  to  the  equalization  of  assessments  of  property  for  taxation.  (S. 
L.  1876,  Ch.  212,  Sec.  1.) 

579.  Meetings  of  board  of  equalization — Vacancies. — Sec.  9.  The  said 
board  of  equalization  shall  meet  at  the  ofhce  of  the  county  auditor,  on  the 
first  day  of  September,  at  ten  (10)  o'clock  a.  m.,  unless  said  first  day  of 
September  should  come  on  Sunday,  in  which  event  thej'^  shall  meet  on  the 
second  day  of  September.  Each  member  shall  take  an  oath,  that  he  will 
make  a  fair  and  impartial  equalization  of  the  assessment  in  said  county, 
without  fear  or  favor,  according  to  law,  but  the  omission  to  take  such  oath 
shall  not  invalidate  his  official  acts,  or  the  acts  of  said  board.  The  auditor 
shall  give  at  least  one  week's  notice  of  the  time  and  place  of  meeting,  by 
publication  in  the  official  paper  of  the  City  of  St.  Paul,  six  (6)  days  prior  to 
the  day  of  meeting,  but  any  omission  to  perform  this  duty  shall  not  invali- 
date the  action  of  said  board.  A  majority  of  said  board  shall  constitute  a 
quorum,  and  they  shall  appoint  a  chairman  and  clerk.  Said  board  may  ad- 
journ from  time,  to  is  time  and  may  continue  in  session  until  their  business  is 
completed.  Vacancies  of  rr^enibers  elected  by  the  said  council  shall  be  sup- 
plied by  said  council  and  vacancies  of  members  elected  by  said  board  of  com- 
missioners, may  be  supplied  by  said  board  of  commissioners.  The  said 
board  of  equalization  shall  complete  its  business  on  or  before  the  2Sth  day 
of  September.      (Tb.  Sec.  2.) 

580.  Aggregate  of  valuations  cannot  be  reduced — Arbitrary  assessments 
excepted. — Sec.  10.  Said  board  of  equalization  shall  not  have  power  to  re- 
duce the  general  aggregate  of  valuations  as  returned  by  the  assessors  of  the 
county,  except  in  cases  where  arbitrary  assessments  of  personal  property 
may  have  been  made  by  said  assessors,  or  where  said  assessors  may  correct 
errors  in  their  returns.  In  cases  where  arbitrarj^  assessments  have  been  made 
on  account  of  sickness  or  absence  of  taxpayers;  or  on  account  of  their  failure 
or  refusal  to  make  returns  as  required  by  law,  or  otherwise,  the  board  shall 
have  power  to  make  an}^  abatement  which  the  assessors  in  each  case  may 
recommend,  after  examining  the  person  assessed  under  oath,  without  regard 
to  the  reduction  of  the  assessment  below  the  general  aggregate.  Provided, 
that  the  powers  of  the  state  board  of  equalization  shall  not  be  affected  by 
anything  contained  in  this  act.      (lb.  Sec.  3). 

581.  Compensation. — Sec.  11.  Each  of  said  persons  comprising  said 
board    of   equalization    shall    be    paid   out   of   the    county    treasury   the    sum   of 

.three  ('))  dollars  per  day,  for  every  day's  actual  service  aforesaid.      (lb.  Sec.  4.) 

582.  Abatement  of  taxes. — Sec. 12.  After  the  final  adjournment  of  said 
board,  the  four  (4)  persons  appointed  by  the  council,  together  with  the 
mayor  and  county  auditor,  or  a  majority  thereof,  shall  have  power  until  the 
first  day  of  September  next,  with  respect  to  property  assessed  in  St.  Paul, 
upon  proper  cause  shown  by  the  party  aggrieved,  to  make  such  an  abatement 
of  taxes,  or  penalties,  or  both,  as  they  may  deem  just,  and  to  order  any  tax 
which  has  been  improperly  assessed  or  paid  by  mistake,  to  be  refunded  by 
the  county  treasurer.  Provided,  that  no  such  abatements  shall  be  made,  ex- 
cept upon  a  written  statement  of  the  person  aggrieved,  subscribed  and  sworn 
to,  which  shall  be  filed  and  kept  by  the  county  auditor.  And  provided  fur- 
ther, that  with  respect  to  all  property  within  said  county,  outside  of  the  limits 
of  St.  Paul,  the  rights  and  duties  of  county  commissioners  as  to  abatements 
under  the  general  laws  shall  remain  unimpaired;  and,  provided,  further,  that 
no  abatement  of  state  taxes  shall  be  made  without  the  consent  of  the  auditor 
of  state.     (Tb.  Sec.  5.) 


THE  PLAT  COMMISSION.  m'J 


CHAPTER    XVUL 

Plat    Commission. 

All  the  provisions  of  that  certain  act  of  the  legislature  of  the  State  of 
Minnesota,  entitled  "An  act  to  amend  and  consolidate  an  act  to  provide  for  a 
plat  commission  of  Ramsey  county,  approved  March  7,  1881,  and  the  several 
acts  amendatory  thereof,"  approved  February  22,  1887,  being  chapter  108  of 
the  Special  Laws  for  1887,  so  far  as  applicable  to  the  City  of  St.  Paul,  are 
hereby  continued  in  full  force,  said  act  being  as  follows,  viz; 

583.  How  constituted — Compensation. — Section  1.  That  there  is  hereby 
created  a  board  in  and  for  Ramsey  county  to  be  called  the  "plat  commission 
of  Ramsey  county,"  which  shall  consist  of  four  (4)  members,  one  (1)  of  whom 
shall  be  ex  officio  the  city  engineer  of  St.  Paul.  They  shall  be  freeholders 
and  electors  of  said  county,  to  be  appointed  by  the  chairman  of  the  board  of 
county  commissioners  of  said  county,  and  the  president  of  the  common  coun- 
cil of  the  City  of  St.  Paul,  one  (1)  of  whom  shall  hold  his  office  for  one  (1) 
year,  one  (1)  for  two  (2)  years,  and  one  (1)  for  three  (3)  years,  and  the 
city  engineer  shall  hold  his  office  as  a  member  of  said  commission,  during  his 
incumbency  of  the  office  of  city  engineer,  and  until  their  successors  are 
elected  or  appointed  and  qualified.  Said  persons,  before  they  enter  upon  the 
duties  of  their  office,  shall  take  an  oath  to  faithfully  discharge  the  duties  of 
their  office,  which  oath  shall  be  filed  in  the  office  of  the  auditor  of  Ramsey 
county;  said  commissioners  shall  receive  for  their  services  under  this  act  as 
follows: 

The  city  engineer  for  his  services  shall  receive  such  compensation  as  may 
be  allowed  him  by  the  board  to  cover  all  expenses  incurred  by  him  in  the  ex- 
amination or  survey  of  any  territory  within  the  city  limits  of  St.  Paul,  or 
Ramsey  county,  which  said  board  may  deem  necessary  to  require  being  ex- 
amined or  surveyed  upon  presentation  of  proper  vouchers  therefor,  approved 
by  said  plat  commission.  The  other  three  (3)  commissioners  shall  receive 
for  their  services  ten  (10)  cents  for  each  lot  or  parcel  of  land  contained  with- 
in the  boundary  of  each  plat  or  map  submitted  having  thirty  (30)  or  more 
lots  or  parcels  laid  out  thereon;  and  three  (3)  dollars  for  each  plat  or  map 
having  thereon  a  less  number  than  thirty  (30)  lots  or  parcels;  to  be  paid 
for  by  the  owner  or  owners  of  the  land  so  platted  or  mapped. 

Provided,  all  fees  shall  be  paid  in  advance  at  the  time  of  submission  of 
the  plat  or  map  to  the  board,  and  in  case  of  the  rejection  by  said  board  of 
any  plat  or  map  so  submitted,  the  fees  on  the  same  shall  be  at  once  returned 
to  the  party  entitled  to  receive  the  same. 

584.  Organization — Term — Quorum. — Sec.  2.  Said  plat  commission  shall 
at  their  first  meeting  in  January  of  each  and  every  year,  elect  one  (1)  of  their 
number  as  chairman,  and  one  (1)  of  their  number  as  secretary. 

Said  chairman  shall  preside  at  all  meetings  of  the  board,  and  in  his  ab- 
sence one  of  the  other  members  shall  preside  temporarily  and  shall  perform 
such  duties  as  usually  appertain  to  chairmen  of  similar  organizations.  The 
secretary  shall  keep  the  records  and  minutes  of  the  board  in  books,  maps, 
plats  or  other  documents  as  may  be  necessary  to  be  procured  by  the  secre- 
tary on  authority  of  the  board,  and  shall  be  paid  for  by  the  City  of  St.  Paul 
upon  the  presentation  of  proper  vouchers  therefor,  duly  signed  by  the 
chairman  and  attested  by  the  secretary.  Said  secretary  shall  be  the  custodian 
of  all  maps,  books,  records  and  documents  belonging  to  said  commission  or 
board,  which  are  hereby  declared  to  be  public  records,  as  also  the  present 
records  now  in  their  possession  and  shall  deliver  them  to  his  duly  qualified 
successor  in  office. 

All  future  app<iinlnnMUs  cm  this  hunrd,  so  far  as  relates  to  three  (3)  of 
said  coniniissinncrs,  shall  he  for  the  Irrni  of  three   (.';)   years,  two  (2)  of  whom 


130  CHARTER  OF  CITY  OF  b"T.  PAUL. 


shall  be  a  quorum  for  the  transaction  of  business,  and  constitute  a  majority 
of  said  board  for  the  approval  of  plats  or  maps,  and  shall  hold  their  offices 
until  their  successors  are  appointed  and  qualified.  The  city  engineer,  as 
herein  provided,  holding  his  membership  of  said  board  ex-officio. 

585.  Territory  may  be  examined  before  plat  is  accepted. — Sec.  ;5.  That 
before  any  plat  or  map  of  any  addition,  rearrangement,  subdivision  or  any 
other  plan  of  platting  any  territory,  within  or  without  the  limits  of  the  City 
of  St.  Paul,  county  of  Ramsey,  shall  be  accepted,  said  board  may,  if  deemed 
necessary,  examine  the  same  and  the  ground  or  territory  covered  by  such 
plat  or  map,  and  for  that  purpose  may  require  the  city  engineer  to  cause  such 
examination  to  be  made;  and  it  is  hereby  made  the  duty  of  said  city  engineer 
to  make  such  examination  and  carry  out  the  requirements  of  said  board,  and 
report  his  action  thereon  to  them;  and  if,  in  the  judgment  of  said  board  or  a 
majority  of  them,  such  plat  or  map  dedicates  streets  and  public  parks  for  the 
public  health  and  travel,  on  the  ground  or  territory  covered  by  said  plat  or 
map,  when  the  same  shall  be  covered  by  buildings  for  a  city  or  town,  and  that 
such  streets  are  suitably  laid  out  with  reference  thereto,  and  to  the  topogra- 
phy of  such  streets  and  their  width,  and  as  far  as  practicable  to  correspond 
with  the  streets,  avenues,  etc.,  of  any  adjoining  plat  or  map  of  a  town,  city  or 
village;  provided,  that  all  expenses  incurred  by  reason  of  the  city  engineer's 
examination,  survey,  report,  etc.,  of  any  tract  or  tracts  of  land  which  shall 
have  been  referred  to  him  in  accordance  with  the  provisions  of  this  act,  shall 
be  paid  for  by  the  county  commissioners  of  Ramsey  county,  whenever  the 
same  shall  be  outside  the  limits  of  the  city  of  St.  Paul,  and  within  the  limits 
of  Ramsey  county,  and  for  all  like  expenses  which  may  be  incurred  for  like 
services  by  said  city  engineer,  shall  be  paid  for  by  the  city  of  St.  Paul,  when- 
ever the  same  shall  be  within  the  limits  of  said  City  of  St.  Paul.  Said  plat 
commissioners  shall  then  approve  the  same. 

Whereupon  the  same,  if  the  territory  so  platted  is  within  the  limits  of  the 
City  of  St.  Paul,  shall  be  presented  to  the  common  council  thereof  for  accept- 
ance by  them.  And  no  plat  of  any  land  laid  out,  or  of  land  covered  by  any 
replatting,  shall  be  filed  or  recorded  until  such  approval  is  had  and  endorsed 
upon  such  plat  and  signed  bj'  said  commissioners  or  a  majority  of  them. 

586.  Plats  in  duplicate  to  be  filed  with  register  of  deeds. — Sec.  4.  All 
plats  presented  to  said  plat  commissioners  for  acceptance  by  said  commis- 
sion must  be  drawn  in  duplicate  on  good  and  substantial  canvas-backed  paper, 
and  shall  be  of  uniform  size,  that  is,  twenty-two  (22)  inches  in  width  and 
thirty  (30)  inches  in  length.  If  said  plat  shall  be  accepted  by  said  commis- 
sion, they  shall  endorse  their  acceptance  and  approval  of  one  (1)  of  said 
plats  or  maps  and  certify  to  the  other  one  (1)  as  a  true  copy  of  the  one  (l) 
approved  and  accepted  by  them.  When  said  plats  shall  be  presented  to  the 
register  of  deeds  for  record,  the  map  endorsed  as  approved  and  accepted  by 
the  plat  commission  shall  be  filed  of  record  as  the  original  plat;  the  other 
shall  be  certified  by  the  said  register  of  deeds  as  a  true  copy  of  the  original 
plat;  the  plat  or  map  filed  as  the  original  shall  only  be  open  to  inspection  in 
presence  of  the  register  of  deeds  or  of  one  (1)  of  his  deputies,  the  certified 
copy  shall  be  open  to  the  inspection  of  the  public  during  business  hours.  The 
originals,  as  well  as  the  copies,  shall,  from  time  to  time,  be  bound  in  separate 
books  in  good  and  substantial  binding,  whenever  a  sufficient  number  of  plats 
f)r  maps  have  accumulated  in  the  register  of  deeds'  office  to  make  a  book;  the 
cost  and  expense  of  said  binding  to  be  paid  by  the  county  of  Ramsey.  No 
plat  or  map  shall  ever  be  accepted  by  said  plat  commission  unless  the  same 
are  presented  in  duplicate  as  aforesaid,  nor  shall  said  register  of  deeds  ever 
file  for  record  any  plat  or  map,  unless  a  true  copy  of  the  original  map  or 
plat  shall  be  presented  with  the  original  map  or  plat  as  aforesaid;  and  no 
plat  or  map  shall  ever  be  accepted  or  approved  by  said  plat  commission  un- 
less the  certificate  of  the  engineer  or  surveyor  making  the  same  shall  state 
at  the  corners  of  each  and  every  block  an  iron  monument  has  been  placed, 
said  monument  shall  be  at 'least  fifteen  (15)  inches  in  length,  and  one  and 
one-half  (1^)  inches  in  diameter. 


THE  PLAT  COMMISSION.  151 

587.  Curved  lines,  streets,  etc. — Streets,  etc.,  dedicated  to  public. — Sec.  5. 
All  maps  or  plats  having  curved  lines  of  streets,  avenues,  parks,  blocks,  lots 
or  parcels  of  and,  the  radius,  courses  and  distances  of  each  must  be  distinctly- 
shown  by  letters  and  figures  on  said  plats  or  maps,  also  the  boundary  of  the 
land  so  platted  shall  be  shown  by  a  red  dotted  line,  and  in  case  of  the  plat- 
ting of  rearrangements  or  subdivisions  of  lots  and  blocks,  the  original  plat- 
ting and  description  of  the  same  shall  be  shown  on  the  plat  or  map  of  such 
arrangements  or  subdivision  by  faint  lines,  letters  or  figures.  Provided,  that 
in  all  cases  of  plats  or  maps  presented  for  approval,  whereupon  streets,  alleys, 
parks,  boulevards,  avenues,  etc.,  or  any  of  them  are  dedicated  to  the  public, 
the  owner,  agent  or  person  presenting  the  same,  shall  submit  to  the  plat 
commissioner  an  abstract  of  title  of  the  land  so  platted,  and  if  it  shall  appear 
that  any  mortgage  lien  exists  on  said  land,  the  approval  of  the  plat  commis- 
sion shall  be  withheld  until  a  release  of  said  mortgage  or  mortgages  is  prop- 
erly made,  so  far  as  the  same  may  relate  to  any  streets,  alleys,  parks,  boule- 
vards, avenues,  etc.,  so  dedicated  to  the  public,  and  it  is  hereby  made  the  duty 
of  the  register  of  deeds  of  Ramsey  county  to  notify  in  writing  the  plat  com- 
mission of  all  maps  or  plats  that  may  be  filed  for  record  in  his  office. 

588.  Copy  of  plats  for  city  engineer. — Sec.  6.  All  plats  or  maps  which 
have  been  accepted  by  the  common  council  shall,  after  the  same  have  been 
duly  published  in  the  official  proceedings  of  said  council,  be  delivered  by  the 
city  clerk  to  the  city  engineer,  who  shall  thereupon  make  a  true  copy  of  the 
same  for  filing  in  his  office,  and  shall  also  retain  possession  of  said  plats  or 
maps,  and  see  to  the  same  being  filed  for  record  in  the  office  of  the  register  of 
deeds  of  Ramsey  county,  provided,  the  owner  or  owners  of  said  map  or  plat 
shall  first  pay  to  the  city  engineer  all  fees  and  costs  incurred  in  filing  the 
same  for  record,  and  in  no  case  shall  said  city  engineer  give  up  possession 
of  said  plats  or  maps  to  any  person,  but  shall,  as  soon  as  said  costs  and  fees 
are  received  by  him,  at  once  convey  said  maps  or  plats  to  the  office  of  the 
register  of  deeds,  and  file  the  same  for  record  in  said  office.  The  city  engi- 
neer shall  in  all  cases  retain  possession  of  said  plats  or  maps,  and  not  deliver 
them  to  any  other  person  other  than  the  register  of  deeds,  to  be  by  him  filed 
for  record  as  above  provided. 


152  CHARTER  OF  CITY  OK  ST.  PAUL. 

(HAPTKR    XIX. 

Justices  of  the  Peace  and  Constables. 

589.  Justices  of  peace,  election,  term — Jurisdiction. — Section  1.  That  on 
the  da}-  of  the  next  general  city .  election,  and  every  two  years  thereafter,  the 
qualified  electors  of  said  city  shall  elect  t\vo  justices  of  the  peace  for  said 
City  of  St.  Paul,  and  that  the  justices  of  the  peace  so  elected  at  said  election, 
shall  hold  their  respective  offices  for  two  years,  and  until  their  successors 
are  elected  and  qualified,  and  shall  severally  give  bond  and  qualify  as  is  now 
provided  by  Chapter  65  of  the  general  statutes  relating  to  justices  of  the 
peace,  and  that  the  justices  so  to  be  elected  shall  supersede  all  other  justices 
of  the  peace  within  said  City  of  St.  Paul,  and  shall  severally  have  and  possess 
all  the  jurisdiction  and  powers,  and  discharge  all  the  duties  required  by  said 
general  statutes,  and  the  several  acts  amendatory  thereof,  save  and  except  as 
otherwise  specifically  provided  in  this  charter. 

And  provided  further,  that  said  justices  of  the  peace  shall  not  have  or 
exercise  any  criminal  jurisdiction.  That  the  fees  of  said  justices  of  the  peace 
shall  not  exceed  in  any  one  action  or  garnishment  proceeding  the  sum  of 
two  dollars;  which  sum  shall  include  the  cost  of  the  issuance  of  one  execution. 

And  provided  further,  that  the  justices  of  the  peace  now  in  the  office  in 
said  city  shall  on  the  expiration  of  their  term  in  office  transfer  and  turn  over 
to  either  of  the  justices  of  the  peace  elected  under  this  act,  all  their  said  dock- 
ets, records,  papers  and  files  pertaining  to  their  said  office  of  justice  of  the 
peace,  and  the  said  justice  to  whom  said  dockets,  records,  files  and  papers 
may  be  transferred  shall  have  full  jurisdiction  to  finish  and  complete  all  pro- 
ceedings unfinished  and  pending  at  the  time  of  the  transfer. 

590.  Constables. — Sec.  2.  That  in  addition  to  the  other  elective  officers 
of  the  City  of  St.  Paul,  now  provided  for  by  law,  there  shall  be  elected  at  the 
next  general  city  election  two  (2)  constables,  who  shall  hold  their  office  for 
two  (2)  years,  and  until  their  successors  are  elected  and  qualified,  and  who 
shall  have  the  power  within  the  city,  as  constables  at  common  law,  and  nnder 
the  statute. 

591.  Justice  court  for  Sixth  ward. — Sec.  3.  There  is  hereby  established  a 
justice  court  in  the  sixth  (Gthj  ward  in  the  City  of  Saint  Paul,  and  county  of 
Ramsey,  in  addition  to  the  other  justices  of  the  peace  of  the  City  of  St.  Paul. 

Sec.  4.  The  officer  of  said  court  shall  be  a  justice  of  the  peace  who  shall 
at  the  time  of  his  election  be  an  actual  resident  of  the  sixth  (Gth)  ward  ^n 
said  city  and  shall  continue  to  be  a  resident  of  said  ward  for  and  during  his 
term  of  office,  and  shall  hold  his  office  exclusively  in  the  sixth  (6th)  ward. 
Before  entering  upon  the  duties  of  his  office  he  shall  take  the  oath  and  give 
bond  as  is  now  provided  by  chapter  sixty-five  (65)  of  the  general  statutes  of 
Minnesota,  relating  to  justices  of  the  peace  and  the  acts  amendatory  thereof. 

592.  Jurisdiction,  etc. — Sec.  5.  The  jurisdiction,  powers  and  duties  of 
said  justice  of  the  peace  shall  in  all  respects  be  the  same  as  is  now  conferred 
under  section  one  hundred  and  five  (105),  title  four  (4),  chapter  sixty-four 
(04),  of  the  general  statutes  of  one  thousand  eight  hundred  and  seventy-eight 
(1878),  the  same  being  a  special  act  of  one  thousand  eight  hundred  and  sev- 
enty-five (1875),  chapter  two  (2),  section  twenty-six  (26),  as  amended  by 
special  laws  of  one  thousand  eight  hundred  and  seventy-six  (1876),  chapter 
two  hundred  and  eleven  (211)  section  ten  (10),  and  the  acts  amendatory 
thereof,  upon  jtistices  of  the  peace  of  the  City  of  St.  Paul;  and  in  addition 
thereto  he  shall  have  jurisdiction,  power  and  authority  to  hear,  try  and  deter- 
mine actions  of  forcible  entry  and  unlawful  detainer,  brought  under  chapter 
eighty-four  (84)  of  the  general  statutes  of  Minnesota,  and  the  acts  amenda- 
tcry  thereof,  in  the  same  manner,  under  the  same  rules  of  practice,  and  shall 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES.  153 

receive  the  same  fees  therefor  as  justices  of  the  peace  of  the  State  of  Minne- 
sota, and  said  justice  of  the  peace  shall  be  entitled  to  the  same  fees  as  other 
justices  of  the  peace  in  the  City  of  Saint  Paul  are  entitled  to  for  like  services. 

593.  Constable  for  Sixth  ward. — Sec.  (i.  in  addition  to  the  two  con- 
stables now  elected  in  the  City  of  St.  Paul  there  shall  be  elected  in  the  sixth 
(6th)  ward  of  the  Citj'  of  St.  Paul,  Minnesota,  a  constable  who  shall  be  a  resi- 
dent of  said  sixth  (6th)  ward,  and  who  shall  have  the  same  power  and  au- 
thority, discharge  similar  duties  and  be  entitled  to  receive  like  fees  for  his 
services  as  the  other  constables  in  the  City  of  St.  Paul  now  have  and  receive. 

Sec.  7.  On  the  day  of  the  next  general  election  in  and  for  the  City  of  St. 
Paul,  and  every  two  (3)  j'ears  thereafter,  there  shall  be  elected  by  the  quali- 
fied electors  of  the  sixth  (6th)  ward  in  said  city  a  constable  who  shall  hold 
his  ofifice  for  two  years  and  until  his  successor  is  elected  and  qualitied,  and 
any  vacancy  that  may  occur  in  said  office  of  constable  in  the  sixth  (Oth)  ward 
shall  be  tilled  by  an  election  by  the  common  council  of  the  City  of  St.   Paul. 

Sec.  8.  Said  constable,  before  entering  upon  the  duties  of  his  office,  shall 
qualifj'  by  taking  the  oath  and  giving  bond  as  now  provided  by  law.  (Sees. 
0  and  7.  Ch.  42.3,  S.  L.  J889.) 

594.  Justice  court  for  Tenth  and  Eleventh  wards. — Sec.  9.  There  is  here- 
by established  a  justice  court  in  the  tenth  (lOth)  and  eleventh  (11th)  wards 
of  the  City  of  St.  Paul,  county  of  Ramsey  and  State  of  Minnesota,  in  addition 
to  other  justices  of  the  peace  of  the  City  of  St.  Paul. 

Sec.  10.  The  officer  of  said  court  shall  be  a  justice  of  the  peace  who'shall 
at  the  time  of  his  election  be  an  actual  resident  of  the  tenth  (10th)  or  eleventh 
(llth)  ward  in  said  city,  and  shall  continue  to  be  a  resident  of  either  of  said 
wards  for  and  during  his  term  of  office.  He  shall  hold  his  office  exclusively 
in  either  the  tenth  (10th)  or  eleventh  (llth)  wards  in  said  city,  and  before 
entering  upon  the  duties  of  his  office,  he  shall  take  the  oath  and  give  bond, 
as  is  now  provided  by  chapter  sixty-five  (65)  of  the  General  Statutes  of  Min- 
nesota relating  to  justices  of  the  peace  and  the  acts  amendatory  thereof." 

595.  Jurisdiction,  etc. — Sec.  11.  The  jurisdiction,  powers  and  duties  of 
said  justice  of  the  peace  shall  in  all  respects  be  the  same  as  is  now  conferred 
under  section  one  hundred  and  five  (105),  title  four  (4),  of  chapter  sixty-four 
(64)  of  the  general  statutes  of  one  thousand  eight  hundred  and  seventy-eight 
(1878),  the  same  being  a  special  act  of  one  thousand  eight  hundred  and  sev- 
enty-five (1875),  .chapter  two  (2),  section  twenty-six  (26),  as  amended  by 
special  laws  of  one  thousand  eight  hundred  and  seventy-six  (1876),  chapter 
two  hundred  and  eleven  (211),  section  ten  (10),  and  the  acts  amendatory 
thereof  upon  justices  of  the  peace  of  the  City  of  St.  Paul,  and  in  addition 
thereto  he  shall  have  jurisdiction,  power  and  authority  to  hear,  try  and  deter- 
mine actions  of  forcible  entry  and  unlawful  detainer  brought  under  chapter 
eighty-four  (84)  of  the  General  Statutes  of  Minnesota  and  the  acts  amenda- 
tory thereof  in  the  same  manner,  under  the  same  rules  of  practice,  and  shall 
receive  the  same  fees  as  other  justices  of  the  peace  in  the  Cit3-  of  St.  Paul 
are  entitled  to  for  like  services. 

596.  Vacancies. — Sec.  12.  Any  vacancy  occurring  in  the  office  of  justice 
of  the  peace  of  said  tenth  (10th)  and  eleventh  (llth)  wards  shall  be  filled  by 
the  common  council  in  the  same  manner  provided  by  chapter  two  hundred 
and  twenty-seven  (227)  of  the  special  laws  of  one  thousand  eight  hundred 
and  eighty-seven  (1887),  entitled  "An  act  to  authorize  and  empower  the  com- 
mon council  of  the  City  of  St.  Paul  to  fill  the  vacancy  occurring  in  the  office  of 
the  justice  of  the  peace  in  said  city."  (Sees.  8,  9,  10  and  11,  Ch.  369,  S.  L. 
18890 

Sec.  13.  That  whenever,  for  any  cause,  a  vacancy  shall  occur  in  the  office 
of  justice  of  the  peace  in  and  for  the  City  of  St.  Paul,  county  of  Ramsey,  the 
common  council  of  said  city  shall  have  power  to  fill  the  same  and  elect  some 
other  person  as  such  justice,  and  which  said  person  so  elected  shall,  upon  duly 
qualifying  in  the  same  manner  as  other  justices  in  said  city,  have  and  possess 


154  CHARTER  OF  CITY  OF  ST.  PAUL. 

all  the  powers,  authority  and  jurisdiction  of  a  justice  of  the  peace  in  said  city, 
and  subject  to  all  the  limitations  and  restrictions  placed  upon  justices  of  the 
peace  in  said  city. 

597.  Appeals. — Sec.  14.  All  appeals  frum  judgments  of  justices  of  the 
peace  in  the  City  of  St.  Paul  shall  be  taken  to  the  municipal  court  of  said  city, 
and  said  municipal  court  shall  have  the  same  powers  in  such  cases  now  pos- 
sessed by  the  district  court,  and  all  laws  applicable  to  appeals  to  the  district 
court  are  hereby  made  applicable  to  appeals  to  said  nmnicipal  court. 

598  State  laws  to  apply. — Sec.  15.  All  laws  of  the  State  of  Minnesota, 
in  force  at  the  time  of  the  adoption  of  this  charter,  applicable  to  justices  of 
the  peace  or  constable  in  said  City  of  St.  Paul,  shall  continue  in  force  and 
apply  to  the  justices  of  the  peace  and  constables  provid-ed  for  in  this  chapter. 


CHAPTER    XX. 

(Ch.  351,  S.  L.  1889.) 

Municipal  Court. 

599.  Court — Established  jurisdiction. — Section  1.  The  municipal  court 
now  existing  in  the  City  of  St.  Paul,  in  the  county  of  Ramsey  and  State  of 
Minnesota,  is  hereby  confirmed,  continued  and  established  as  a  court  for  the 
transaction  of  all  judicial  business  which  may  lawfully  come  before  it.  The 
said  court  shall  be  located  and  its  sessions  shall  be  held  in  said  city  of  St. 
Paul,  at  some  suitable  place  to  be  provided  therefor  by  the  common  council 
of  said  city. 

Said  court  shall  be  a  court  of  record  and  shall  have  a  clerk  and  a  seal,  and 
the  jurisdiction  of  said  court  shall  be  co-extensive  with  the  limits  of  said 
Ramsey  county,  except  as  hereinafter  provided. 

Civil  Jurisdiction — Said  court  shall  have  jurisdiction  to  hear,  try  and  de- 
termine civil  actions  and  proceedings  as  follows. 

First — Of  an  action  arising  on  contract  for  the  recovery  of  money  only, 
if  the  sum  claimed  does  not  exceed  five  hundred  (500)   dollars. 

Second — Of  an  action  for  damages  for  injury  to  the  person,  or  to  real 
property,  or  for  taking,  detaining  or  injuring  personal  propert}^,  if  the  dam- 
ages claimed,  or,  in  replevin,  the  value  of  the  propert}^  in  controversy  does  not 
exceed  five  hundred   (500)   dollars. 

Third — Of  an  action  for  a  penalty  given  by  statute  not  exceeding  five 
hundred  (500)  dollars. 

Fourth — Of  an  action  upon  a  bond,  conditioned  for  the  payment  of 
money,  not  exceeding  five  hundred  (500)  dollars  though  the  penalty  exceeds 
that  sum,  the  judgment  to  be  given  for  the  sum  actually  due.  When  the 
payments  are  to  be  made  by  installments,  an  action  may  be  brought  for  each 
installment  as  it  becomes  due. 

Fifth — Of  an  action  upon  an  official  bond,  or  bond  taken  in  said  court, 
if  the  penalty  does  not  exceed  five  hundred  (500)   dollars. 

Sixth — To  take  and  enter  judgment  on  the  confession  of  a  defendant, 
when  the  amount  does  not  exceed  five  hundred  (50Q)  dollars. 

Seventh — To  hear  and  determine  all  questions  that  may  arise  before  it, 
brought  under  chapter  eighty-four  (84)  of  the  general  statutes  of  one  thou- 
sand eight  hundred  and  seventy-eight  (1878),  and  the  amendments  thereto, 
relating  to  forcible  entries  and  unlawful  detainers,  whether  involving  the  title 
to  real  estate  or  otherwise. 

Eighth — Said  court  shall  also  have  all  the  powers  and  jurisdiction  con- 
ferred by  law  upon  justices  of  the  peace  in  this  state. 

Ninth — Criminal  Jurisdiction — To  hear  all  complaints  and  conduct  all  ex- 
aminations  and   trials   in   criminal   cases,   arising   fjr   triable   within   the   county 


THE  MUXiCtPAL  COURT.  155 

of  Ramsey  and  cognizable  before  a  justice  of  the  peace,  or  arising  under  the 
charter,  ordinances,  hiws,  reguhitions  or  by-laws  of  said  City  of  St.  Paul. 

A  change  of  venue  may  be  demanded  and  had  in  the  same  manner  and 
with  like  effect  as  in  the  district  courts  of  this  state.  Provided,  that  when- 
ever any  action  is  commenced  in  said  court  against  any  defendant  residing  in 
any  county  within  the  state  other  than  Ramsey  county,  and  such  action  is 
cognizable  before  a  justice  of  the  peace,  said  defendant  may  deinand  that  such 
action  be  dismissed  and  thereupon  such  action  shall  be  dismissed  by  said  court 
with  costs  in  the  sum  of  ten  (10)  dollars. 

600.  Limit  of  jurisdiction. — Sec.  2.  The  jurisdiction  of  said  court,  how- 
ever, shall  not  extend: 

First — To  any  civil  action  involving  the  title  to  real  estate,  save  and  ex- 
cept an  action  brought  under  and  pursuant  to  chapter  eighty-four  (84)  of  the 
general  statutes  of  Minnesota,  A.  D.  one  thousand  eight  hundred  and  seventy- 
eight  (1878),  and  the  amendments  to  such  chapter. 

Second — Nor  to  any  action  for  divorce,  nor  an  action  wherein  the  relief 
demanded  in  the  complaint  is  equitable  in  its  nature. 

Third — Nor  to  an  action  to  recover  damages  for  false  imprisonment, 
libel,  slander,  malicious  prosecution,  criminal  conversation  or  seduction,  or 
upon  a  promise  to  marry. 

Fourth — Nor  to  an  action  against  an  executor  or  administrator  as  such. 

Fifth — Nor  to  an}^  civil  action  against  the  City  of  Saint  Paul. 

601.  Powers. — Sec.  3.  Said  court  shall  have  full  power  and  authority  to 
issue  all  process,  civil  or  criminal,  necessary  or  proper  to  carry  into  effect  the 
jurisdiction  given  it  by  law,  and  its  judgments  and  other  determinations  save 
as  hereinafter  provided. 

And  it  shall  have  and  possess  all  the  powers  usually  possessed  by  courts 
of  record  at  common  law,  subject  to  the  modification  of  the  statutes  of  this 
.state  applicable  to  courts  of  record.  And  said  court  is  hereby  vested  with 
all  powers  over  cases  within  its  jurisdiction  which  are  possessed  by  district 
courts  of  this  state  over  cases  within  their  jurisdiction;  and  all  laws  of  a 
general  nature  shall  apply  to  said  municipal  court  so  far  as  the  same  are  ap- 
plicable and  not  inconsistent  with  the  provisions  of  this  act.  Provided  that 
said  municipal  court  shall  not  have  power  to  issue  writ  of  habeas  corpus,  quo 
warranto,  ne  exeat,  mandamus,  prohibition  or  injunction,  nor  issue  writs  of 
execution  or  any  process  whatsoever  after  the  entry  and  docketing  of  any 
final  judgment  or  decree,  but  the  same  shall  issue  out  of  the  district  court 
of  Ramsey  county  after  due  transcript  filed  therein. 

602.  Judges. — Sec.  4.  There  shall  be  two  (2)  judges  of  the  municipal 
court. 

603.  Term  of  office. — Sec.  5.  The  term  of  office  of  the  judges  of  said 
court  shall  be  four  (4)  years  and  until  their  respective  successors  shall  have 
been  duly  elected  and  qualified. 

604.  Qualification  of  Judge. — Sec.  fi.  Each  judge  of  said  court  shall  be 
a  resident  of  the  City  of  St.  Paul,  a  person  learned  in  the  law  and  duly  ad- 
mitted to  practice  as  an  attorney  in  the  courts  of  this  state,  and  before  enter- 
ing upon  the  duties  of  his  office  he  shall  take  and  subscribe  an  oath  as  pre- 
scribed by  the  general  statutes  for  judicial  officers,  which  oath  shall  be  filed 
in  the  office  of  the  city  clerk  of  said  city. 

605.  Powers  of  judge. — Sec.  7.  Each  judge  of  said  municipal  court  shall 
have  the  general  powers  of  judges  of  courts  of  record  and  may  administer 
oaths,  take  and  certify  acknowledgments  in  all  cases  and  as  a  conservator  of 
the  peace  shall  have  all  power  and  authority  which  is  or  may  hereafter  be 
vested  in  justices  of  the  peace,  or  any  other  judicial  officer  of  this  state. 

He  shall  see  that  the  criminal  laws  of  this  state,  and  the  ordinances,  laws, 
regulations  and  by-laws  of  said  city  are  observed  and  executed;  and  for  that 
purpose  one  of  said  judges   shall  open   the  court   every   morning   (Sunday   and 


15f)  CHARTER  OF  CITY  OI'  ST.  PAUL. 

lefjal  holidays  excepted)  and  proceed  to  hear  and  dispose  of,  in  a  summary 
manner,  all  cases  which  shall  be  brought  before  him  by  the  polrce  officers  of 
the  city  or  otherwise,  either  with  or  without  process,  for  the  violation  of  the 
criminal  laws  of  this  state  committed  within  the  county  of  Ramsey,  or  of  the 
ordinances,  laws,  regulations  and  by-laws  of  said  city. 

The  senior  judge  of  this  court  shall  be  chief  judicial  magistrate  of  the 
city. 

606.  Rules. — Sec.  S.  Said  judges  shall  have  power  to  make  and  prescribe 
such  rules  and  regulations  for  the  government  of  said  court  and  the  dispatch 
of  the  business  coming  before  it,  as  shall  by  them  be  deemed  proper,  and 
shall  not  be  inconsistent  with  the  provisions  of  this  act  and  the  laws  of  the 
state. 

607.  Senior  judge. — Sec.  !).  The  judge  who  shall  have  continued  in  office 
the  longer  at  any  given  time  shall  be  deemed  and  designated,  by  way  of  dis- 
tinction, as  the  senior  judge  of  said  court.  In  case  both  of  the  judges  shall 
have  had  an  equal  term  of  service,  then,  and  in  that  case,  the  elder  of  said 
judges  shall  be  deemed  the  seninr  judge. 

608.  Clerk — Appointment,  oath,  bond. — Sec.  10.  There  shall  be  a  clerk 
of  said  municipal  court  who  shall  be  appointed  by  the  judges  of  said  court, 
and  the  judges  shall  have  the  power  to  remove  said  clerk  at  pleasure,  or  he 
may  be  removed  by  a  two-thirds  (2-3)  vote  of  the  whole  number  of  aldermen 
elected  to  the  common  council  of  the  city.  Such  clerk,  before  he  enters  up- 
on the  duties  of  his  office,  shall  take  and  subscribe  an  oath  to  support  the 
constitution  of  the  United  States  and  of  the  State  of  Minnesota,  and  to  faith- 
fully and  honestly  discharge  the  duties  of  his  office,  and  shall  execute  to  the 
City  of  Saint  Paul  a  penal  bond  in  such  sum  and  with  such  sureties  as  the 
common  council  shall  direct  and  approve,  conditioned  that  he  will  account  to 
and  pay  over  to  the  treasurer  of  said  city,  on  each  day.  all  fines,  penalties,  fees 
and  other  moneys  belonging  cr  to  go  to  said  city  which  may  have  come  into 
his  hands  during  said  day,  and  that  he  will  at  all  times  pay  over  to  all  persons, 
on  demand,  all  moneys  to  which  they  may  be  entitled  which  may  have  come 
into  his  hands  in  virtue  or  by  reason  of  his  office. 

Such  oath  and  bond  shall  be  filed  in  the  office  of  the  city  clerk  of  said 
city. 

609.  Deputy    clerk — Appointment,    oath,    bond,    powers. — Sec     11.     Such 

clerk  shall  have  power  to  appoint,  subject  to  the  approval  of  the  judges  of 
said  municipal  court,  a  deputy  clerk,  with  like  powers  of  the  clerk,  but  acting 
under  the  authorit}'  of  said  clerk,  and  said  deputy  may  be  removed  from  office 
in  the   same  manner  as  herein  prescribed  for  the  removal  of  the  clerk. 

610.  Clerk,  duties. — Sec.  12.  The  clerk  shall  have  the  custody  and  care  of 
all  the  books,  papers  and  records  of  said  court.  He  shall  be  present  by  him- 
self or  deputy  at  all  trials,  unless  absent  by  reason  of  sickness  or  by  consent  of 
either  of  the  judges,  and  in  case  of  the  absence  of  both  clerk  and  his  deputy, 
the  judge  may  appoint  some  suitable  person  temporarily  to  the  position.  He 
may  swear  all  witnesses  and  jurors,  and  administer  all  oaths  and  affidavits, 
and  take  acknowledgments,  and  wIkmi  appointed  by  the  court  he  shall,  without 
compensation,  act  as  referee  in  any  civil  action  pending  in  said  court.  He 
shall  keep  minutes  of  all  proceedings  and  enter  all  judgments,  orders  and  sen- 
tences, issue  commitments  as  well  as  all  o-ther  writs  and  process,  and  make  up 
and  keep  the  records  of  the  court  under  the  direction  of  the  judges,  and  when 
a  judge  is  not  present,  adjourn  the  court  from  day  to  day.  He  shall  tax  all 
costs  and  disbursements  allowed  in  every  action  subject  to  review  by  the 
judges,  and  do  all  other  things  and  acts  necessary  or  proper  to  the  enforcing 
or  carrying  out  of  the  jurisdiction  of  the  court.  He  shall  receive  all  fines,  pen- 
alties and  fees  of  every  kind,  accruing  to  the  court  or  any  officer  thereof,  in- 
cluding police  officers,  and  keep  full,  accurate  and  detailed  accounts  of  the 
same,  and  shall  on  each  day  deliver  over  to  the  city  treasuer  of  the  City  of 
Saint   Paul,  all   moneys   so   received,   with   detailed   ;iccounts   thereof,   and   take 


TIIK  ML-XICIPAL  COL'RT.  157 

his  receipt  therefor.  Said  clerk,  as  well  as  the  judges  of  said  court,  is  hereby 
made  a  conservator  of  the  peace  and  vested  with  the  same  authority,  dis- 
cretion and  power  to  act,  on  receiving  complaints  and  issuing  warrants  of  said 
court  in  criminal  cases. 

"It  is  hereby  made  the  duty  of  the  clerk  of  the  municipal  court  of  the  city 
of  St.  Paul,  forthwith  upon  the  passage  of  this  act,  to  make  a  daily  report  in 
writing,  under  oath,  to  the  city  treasurer  of  said  city,  and  deliver  the  same 
daily,  by  his  own  hand,  to  said  treasurer,  or  to  such  deputy  or  clerk  in  said 
treasurer's  office  specified  by  said  treasurer  for  said  work,  showing  the  name 
of  each  prisoner  after  the  date  of  his  first  report,  upon  whom  any  fine  has 
been  imposed  or  penalty  infiicted  by  said  municipal  court  since  the  date  of  his 
last  report,  the  date  when  said  fine  or  penalty  was  imposed,  the  nature  of  the 
offense  for  which  said  person  was  convicted,  the  amount  of  money  received 
from  such  person,  and  the  final  disposition  of  said  person  by  said  court;  and 
also  the  aggregate  amount  of  moneys  received  by  said  clerk  since  the  date  of 
his  last  report,  and  also  of  all  other  moneys  received  by  said  clerk  in  his 
official  capacity  since  the  date  of  his  last  report.  The  first  report  required 
by  this  act  from  said  clerk  shall  contain  the  items  of  infromation  above 
prescribed  for  the  day  upon  which  said  report  is  made. 

"It  is  hereby  made  the  duty  of  each  of  the  judges  of  said  municipal  court 
to  make  report  to  the  city  treasurer  (all  in  his  own  handwriting,  and  deliver 
the  same  by  his  own  hand)  daily  to  such  person  in  such  treasurer's  office  as 
said  treasurer  may  name  for  said  purpose,  a  statement  setting  forth  the  name 
of  each  person  against  whom  any  fine  has  been  imposed  or  penalty  inflicted 
in  said  court  by  said  judge  since  the  date  of  his  last  report,  the  nature  of  the 
offense  of  which  said  person  was  convicted,  the  amount  of  the  fine  or  nature 
of  the  penalty  inflicted.  And  it  is  hereby  made  the  duty  of  said  city  treasurer 
to  forthwith  procure  a  book  and  to  enter,  or  cause  to  be  entered,  in  the  same, 
daily,  a  synopsis  of  the  report  made  by  each  of  said  judges,  specifying  the 
judge,  and  also,  in  a  different  part  of  said  book  a  synopsis  of  said  daily  report 
made  by  said  clerk,  and  said  book  specified  in  this  section,  and  the  reports 
made  as  aforesaid  are  hereby  made  public  records,  and  the  same  shall  be  open 
to  inspection,  during  business  hours,  by  any  taxpayer  of  said  city.  The  first 
report  required  by  this  act  from  each  of  said  judges  shall  contain  the  items 
of  information  above  prescribed  for  the  day  upon  which  said  report  is  made." 
(Am.  Ch.  40,  S.  L.  1S91.) 

611.  Books,  blanks,  etc.,  to  be  furnished. — Sec.  13.  Said  clerk  shall,  un- 
der direction  nf  the  judges,  and  with  the  consent  of  the  common  council  of 
said  city  (unless  otherwise  provided),  from  time  to  time  procure  and  furnish 
all  the  necessary  blanks,  stationery  and  record  books,  for  tlic  use  of  the  court 
and  the  officers  thereof  at  the  expense  of  said  city. 

612.  City  and  county  attorneys — Duties  of. — Sec.  14.  The  city  attorney 
of  the  City  of  St.  Paul  shall  have  charge  of  the  prosecution  of  all  criminal 
cases  in  said  court  not  indictable;  and  the  county  attorney  of  the  county  of 
Ramsey  shall  act  in  the  prosecution  of  offenders  charged  with  indictable  of- 
fenses, when  so  required  by  law  to  prosecute  before  justices  of  the  peace,  or 
otherwise. 

613.  Stenographer. — Sec.  15.  The  judges  of  said  court  shall  employ  and 
appoint  a  shorthand  writer,  to  make  in  shorthand  writing  a  true  record  or  re- 
port of  the  proceedings  and  evidence  taken  upon  the  trial  of  issues  of  fact  in 
said  court,  and  of  all  examinations  had  therein;  and  when  required  by  the 
court  or  either  of  the  parties  to  any  such  trial  or  examination,  to  transcribe 
such  record  or  report  into  words  which  shall  be  represented  by  the  charac- 
ters used  by  him  in  reporting  such  proceedings  or  examination,  as  the  same 
shall  occur. 

614.  Stenographer,  oath,  duty. — Sec.  10.  Before  such  reporter  shall  en- 
ter upon  the  performance  of  his  duties,  he  shall  take  and  prescribe  (subscrilie) 
an  oath,  similar  to  the  oaths  required  of  the  reporters  in  the  district  courts 
of  this  state,  and  file  the  same  with   the  clerk  of  this  court. 


158  CHARTER  OF  CirV  OF  ST.  PAUL. 

The  evidence  and  proceedings  in  trials  of  issuance  of  fact  in  this  court 
shall  be  reported  in  like  manner  as  in  the  district  court,  and  shall  be  filed 
with  the  clerk  of  this  court  and  remain  so  on  file  for  the  use  of  all  parties  in- 
terested. 

In  the  performance  of  his  duties  said  reporter  shall  be  subject  to  the  or- 
ders and  directions  of  the  court,  and  the  judges  may  at  any  time  discharge 
such  reporter  and  employ  and  appoint  another. 

615.  Transcript  of  record,  fees  for. — Sec.  17.  When  the  official  reporter 
of  said  court  shall  be  required  by  any  of  the  parties  to  an  action,  proceeding 
or  examination  to  transcribe  his  record  into  ordinary  longhand  or  typewrit- 
ing, the  parties  requiring  such  transcript  shall  pay  to  such  reporter  eight  (8) 
cents  per  folio  of  one  hundred  (100)  words  for  the  transcript  and  two  (2) 
cents  per  folio  of  one  hundred  (100)  words  for  each  copy  thereof;  provided, 
however,  that  either  of  the  judges  of  said  court  may  order  and  direct  said 
reporter  to  furnish  such  transcripts  whenever  in  the  furtherance  of  justice 
they  or  either  of  them  maj'  deem  same  necessary,  and  that  in  no  case  shall 
any  charge  be  made  against  the  City  of  St.  Paul  for  any  transcript  or  tran- 
scripts so  furnished.      (Ch.  41,  S.  L.  1891.) 

616.  Terms  of  court. — Sec.  18.  Said  court  shall  hold  regular  terms  for 
the  transaction  of  civil  business  and  trial  of  civil  actions,  on  each  Tuesday  of 
every  month;  which  terms  shall  gontinue  from  day  to  day  with  such  adjourn- 
ments as  the  court  shall  deem  proper,  until  the  business  of  such  term  shall  be 
finished.  Provided,  that  any  judge  of  said  court  may  set  cases  for  hearing 
and  trial  upon  any  day  in  that  or  any  subsequent  term.  The  terms  of  said 
court  shall  open  at  ten  (10)  o'clock  in  the  forenoon.  And,  provided,  further, 
that  all  proceedings  in  civil  causes  shall  be  conducted  in  a  room  separate  and 
apart  from  the  room  wherein  criminal  proceedings  shall  be  conducted. 

617.  Term  calendar. — Sec  19.  The  clerk  of  the  court  shall,  prior  to  each 
term  of  the  court,  make  up  a  calendar  of  the  causes  which  will  come  up  for 
trial  or  for  any  other  disposition  before  the  court  at  such  term,  adopting 
such  arrangements  as  the  judges  may  direct. 

618.  Actions,  how  commenced  and  conducted. — Sec.  20.  All  civil  actions 
and  proceedings  in  said  court  shall  be  commenced  and  conducted  as  pre- 
scribed by  the  statutes  regulating  the  commencement,  pleading,  practice  and 
procedure,  in  the  district  courts  of  this  state,  as  far  as  the  same  may  be  ap- 
plicable, except,  however,  as  in  this  act  otherwise  provided. 

619.  Times  to  serve,  pleadings,  etc. — Sec.  21.  The  time  within  which  any 
act  is  to  be  done  in  this  court  shall  be  one-half  (^)  of  the  statutory  period 
prescribed  in  the  district  court  proceedings,  provided. 

•First — That  no  such  period  shall  be  less  than  three   (3)   days: 

Second — That  two  (2)  days'  notice  of  taxation  of  costs  shall  be  given. 

Third — Notes  of  issue  shall  be  filed  at  least  three  (3)  days  before  the 
term,  and  notices  of  trial  shall  be  served  at  least  four  (4)  days  before  the 
term. 

F'ourth — The  time  within  which  motions  for  new  trials  and  appeals  may 
be  made  or  taken  shall  be  the  same  as  in  the  district  court. 

Fifth — The  practice  and  proceedings  in  actions  under  chapter  eighty-four 
(84)  of  the  general  statutes  of  one  thousand  eight  hundred  and  seventy-eight 
(1878)  shall  be  the  same  as  in  justice's  court,  except  that  the  summons  shall 
be  issued  by  the  clerk  and  be  made  returnable  on  the  first  (1st)  day  of  a  reg- 
ular term  of  said  court. 

Sixth — The  notice  required  for  the  taking  of  depositions  to  be  used  in 
said  court  shall  be  the  same  as  in  the  district  courts  of  this  state. 

Seventh — Defaults  may  be  opened  and  judgments  and  orders  set  aside 
or  modified  for  good  cause  shown,  within  sixty  (60)  days  after  the  party  af- 
fected thereby-  shall  have  notice  or  knowledge  of  the  same. 

620.  Counter  claims  in  excess  of  jurisdiction — Equitable  defenses. — Sec. 
22.     Whenever  a  counter-claini  in  excess  of  five  hundred  (500)  dollars  or  where 


THE  MUNICIPAL  COURT.  159 

any  equitable  defense  or  ground  for  equitable  relief  is  interposed;  or  whether 
it  appears  that  the  title  to  real  estate  is  involved  save  as  is  provided  in  section 
one  (I),  subdivision  seven  (7)  of  this  act,  said  court  shall  immediately  cause 
an  entry  of  the  fact  to  be  made  of  record  and  cease  all  further  proceedings 
in'  the  case,  and  within  twenty  (20)  days  thereafter  certify  and  return  to  the 
district  court  of  said  county  of  Ramsey  a  transcript  of  all  entries  made  in  the 
record  relating  to  the  case,  together  with  all  process  and  other  papers  relat- 
ing to  the  suit;  and  thereupon  said  district  court  shall  proceed  in  the  cause 
to  the  final  judgment  and  execution  according  to  law,  the  same  as  if  the  said 
■-uit  had  been  originally  commenced  in  the  district  court,  and  the  costs  shall 
abide  the  event  of  the  suit. 

621.  Attachment,  replevin,  garnishment. — Sec.  23.  Proceedings  by  at- 
tachment, replevin  or  garnishment  in  said  court,  shall  be  conducted  as  in  the 
district  courts  of  this  state;  provided,  that  the  bonds  required  in  such  proceed- 
ings shall  be  executed  with  sufficient  sureties  and  be  in  double  the  amount 
claimed  in  attachment,  and  not  less  than  the  sum  of  two  hundred  and  fifty 
(250)  dollars,  or  in  double  the  value  of  the  property  claimed  in  replevin,  and 
all  bonds  required  or  allowed  in  such  proceedings  shall  be  approved  by  one 
(1)  of  the  judges  of  said  court. 

And  provided  further,  that  in  garnishment  proceedings  the  affidavit  re- 
quired shall  be  the  same  as  justice's  courts,  and  no  judgment  shall  be  ren- 
dered against  a  garnishee  where  the  judgment  against  the  defendant  is  less 
than  ten  (10)  dollars  exclusive  of  costs,  nor  where  the  indebtedness  of  the 
garnishee  to  the  defendant  or  the  value  of  the  property,  money  or  effects  of 
the  defendant,  in  the  hands  or  under  the  control  of  the  garnishee,  as  proved, 
is  less  than  ten  (10)  dollars. 

622.  Depositions. — Sec.  24.  Depositions  may  be  taken  and  used  in  said 
court  in  like  manner  as  in  the  district  court. 

623.  Tenders. — Sec.  25.  Tenders  of  money  may  be  pleaded  and  made  in 
said  court  in  like  manner  and  with  like  efifect  as  in  the  district  court. 

624.  Stay  of  execution. — Sec.  26.  Executions  may  be  stayed  in  this  cmirt 
in  like  manner  as  in  the  district  courts. 

625.  Confession  of  judgment. — Sec.  27.  Judgment  may  be  confessed, 
and  filed  and  entered  in  said  court  in  like  manner  as  in   the  district  court. 

626.  Appeals  from  justice  courts. — Sec.  28.  All  appeals  from  judgments 
of  justices  of  the  peace  in  the  City  of  St.  Paul  shall  be  taken  to  this  court, 
and  this  court,  shall  have  the  same  powers  in  such  cases  now  possessed  by 
the  district  courts  of  this  state;  and  all  laws  applicable  to  appeal  to  the  district 
court  are  made  applicable  to  this  court. 

Provided,  however,  that  the  appellant  shall  cause  such  appeal  to  be  en- 
tered in  this  court  and  placed  upon  the  calendar  for  trial  at  a  term  occurring 
not  more  than  twenty  (20)  days  from  the  time  of  the  allowance  of  such  ap- 
peal. 

And,  provided  further,  that  the  appellant  shall  cause  to  be  served  upon 
the  respondent  or  his  attorney,  a  notice  of  trial,  at  least  three  days  before  the 
term  at  which  said  appeal  is  to  be  heard. 

And,  provided  further,  that  if  the  appellant  fails  or  neglects  to  enter  the 
appeal  as  aforesaid,  the  respondent  may  enter  the  same  at  the  next  or  any 
succeeding  term  of  said  court,  and  have  the  judgment  of  the  court  below 
affirmed,  with  interest  and  costs. 

627.  Second  trial,  under  Chap.  84.  General  Statutes,  1878.— Sec.  29. 
Whenever  the  title  to  the  real  estate  for  the  possession  of  which  the  action 
is  brought  under  chapter  eighty-four  (84)  of  the  general  statutes  of  eighteen 
hundred  and  seventy-eight  (1878),  is  involved  and  determined  in  this  court, 
the  persons  aggrieved  thereby  may,  after  written  notice  of  the  judgment  en- 
tered in  such  action,  apply  to  the  court,  and  have  said  cause  transferred  to  the 


160  CHARTER  OF  CITY  OF  ST.  PAUL. 

district  court  for  the  county  of  Ramsey,  upon  complying  with  the  following 
requisites: 

First — He  shall  deposit  with  the  clerk  of  the  court,  for  the  use  of  the 
person  entitled  thereto,  the  amount  of  costs  and  disbursements  included  in 
said  judgment. 

Second — Within  twenty-four  (24)  hours  after  notice  of  such  judgment  he 
shall  serve  upon  the  adverse  party  a  notice  in  writing  of  at  least  three  (3) 
days,  stating  that  he  will  apply  to  the  court  at  the  next  regular  term  thereof, 
occurring  not  less  than  four  days  after  such  judgment  is  entered,  naming  such 
term,  for  an  order  of  said  court  certifying  said  cause  to  the  district  court  of 
the  county  of  Ramsey  for  a  second  (2nd)  trial,  and  that  he  will  then  apply 
to  the  court  to  fix  the  amount  of  the  bond  hereinafter  provided  for,  and  that 
he  will   then  propose  the  name  of   (insert  names)   as  sureties  in  such  bond. 

Third — The  amount  of  the  bond  having  been  fixed  by  the  court  and  the 
proposed  sureties  approved,  such  bond,  conditioned  that  the  party  aggrieved 
will  pay  the  costs  of  such  second  trial  and  abide  any  order  the  court  may 
make  therein,. and  pay  all  rents,  issues,  profits  and  damages  justly  accruing 
to  the  adverse  party  during  the  pendencj'  of  the  action,  shall  be  filed  with  the 
clerk  of  this  court  within  five  (5)  days  thereafter,  but  the  provisions  of  this 
section  shall  not  apply  to  actions  that  are  now  pending  in  said  court. 

628.  Court  to  make  order. — Sec.  30.  Upon  filing  of  such  bond  the  court 
shall  make  an  order  directing  that  the  cause  be  certified  to  the  district  court 
for  the  second  (2nd)  trial  therein. 

629.  Cause  to  be  certified, — Sec.  31.  The  clerk  of  this  court  shall,  within 
ten  (10)  days  after  the  filing  of  such  order,  certify  the  cause  and  all  papers 
of  record  therein,  to  the  district  court,  and  thereafter  all  proceedings  in  said 
action  shall  be  had  and  conducted  in  said  district  court. 

630.  Judgment,  stay. — Sec.  32.  Upon  filing  the  notice  provided  for  in 
section  thirty-one  (31),  subdivision  two  (2),  together  with  proof  of  service 
upon  the  adverse  party,  all  proceedings  in  the  action  shall  be  stayed  in  this 
court  until  the  further  order  of  the  court. 

631.  Process. — Sec.  33.  All  process  shall  be  tested  in  the  name  of  the 
senior  judge,  and  issued  under  the  seal  of  the  court,  and  signed  by  the  clerk, 
and  directed  for  service  to  the  sherifif  of  the  county  of  Ramsey,  except  as 
herein  otherwise  provided. 

The  forms  of  process  may  be  prescribed  by  the  court  by  rule  or  other- 
wise, and  any  form  so  prescriljed  shall  be  valid  and  sufficient,  and  such  forms 
may  be  changed  by  the  court  at  any  time.  In  the  absence  of  such  prescribed 
forms,  the  forms  of  the  process  in  use  in  the  district  court  of  this  state  may 
be  changed  and  adapted  to  the  style  of  the  court,  and  used  at  the  discretion 
of  the  court. 

632.  Summons  and  subpoenas,  how  served. — Sec.  34.  The  summons  and 
subpoenas  may  be  served  by  any  constable  in  the  City  of  St.  Paul,  or  by  the 
sheriff  of  the  county  of  Ramsey,  ur  by  any  other  person  not  a  party  to  the 
action,  and  the  service  shall  be  made  and  the  summons  returned  and  filed 
with  the  clerk  of  the  court  with  all  reasonable  diligence. 

633.  Criminal  proceedings,  how  conducted. — Sec.  35.  Complaints  in 
criminal  cases,  where  the  defendant  is  not  in  custody,  may  be  made  to  the 
court  while  in  session,  or  to  one  of  the  judges  or  clerk  when  not  in  session, 
and  shall  be  made  in  writing,  or  be  reduced  to  writing  by  the  judge  or  clerk, 
and  sworn  to  by  the  complainant,  whether  the  offense  charged  be  a  violation 
of  the  criminal  laws  of  the  state,  or  of  the  ordinances,  regulations,  laws  or 
by-laws  of  said  city.  Complaints,  warrants  and  other  process  in  criminal 
cases  may  follow  substantially  the  forms  heretofore  in  use  by  justices  of  the 
peace,  with  such  alterations  as  may  be  convenient  to  adapt  the  same  to  the 
style  of  this  court,  or  may  be  in  such  other  form  as  the  court  may  prescribe, 
sanction  or  approve. 


THE  MUNICIPAL  COURT.  161 

In  cases  where  alleged  offenders  shall  be  in  custody,  and  be  brought  be- 
for  the  court  or  clerk  without  process,  the  clerk  shall  enter  upon  the  records 
of  the  court  a  brief  statement  of  the  offense  with  which  the  offender  is 
charged,  which  statement  shall  stand  in  place  of  complaint,  unless  the  court 
shall  direct  a  formal  complaint  to  be  made.  The  plea  of  the  defendant  shall 
be  "guilty"  or  "not  guilty."  In  case  of  a  failure  t9  plead,  the  clerk  shall  en.- 
ter  a  plea  of  "not  guilty,"  and  a  former  acquittal  or  conviction  for  the  same 
offense  may  be  proved  under  the  plea  of  "not  guilty"  with  like  effect  as  if  for- 
mally pleaded.  In  the  examination  of  offenders  charged  with  indictable  of- 
fenses, such  minutes  of  the  examinatidn  shall  be  kept  as  the  court  may  direct, 
and  be  properly  returned  to  the  court  before  which  the  party  charged  with 
the  offense  may  be  bound  to  appear. 

634.  Costs. — Sec.  36.  Costs  are  allowed  to  the  prevailing  party,  in  ac- 
tions commenced  in  said  court  as  follows: 

First — To  the  plaintiff  upon  a  judgment  in  his  favor  of  fifty  (50)  dollars 
or  more,  in  any  action  for  the  recovery  of  the  money  only,  when  no  issue 
of  law  or  fact  is  joined,  five  (5)  dollars.  When  an  issue  is  joined,  ten  (10) 
dollars. 

Second — In  all  other  actions,  five  (5)  dollars. 

Third — To  the  defendant  upon  discontinuance  or  dismissal  when  the 
amount  claimed  in  the  plaintiff's  complaint  is  fifty  (50)  dollars  or  more,  five 
(5)  dollars. 

Fourth — When  judgment  is  rendered  in  his  favor  on  the  merits,  five  (5) 
dollars,  and  when  the  amount  claimed  in  the  plaintiff's  complaint  is  fifty  (50) 
dollars  or  more,  ten  (10)  dollars. 

Fifth — Costs  may  be  allowed  on  a  motion  or  demurrer,  in  the  discretion 
of  the  judge,  not  exceeding  ten  (10)  dollars,  and  may  be  made  absolute,  or 
directed  to  aljide  the  event  of  the  action. 

Sixth — Save  as  hereinbefore  provided,  costs  shall  be  allowed  in  all  cases 
to  the  prevailing  party,  as  in  the  district  court  of  this  state. 

635.  Disbursements. — Sec.  37.  Disbursements  necessarily  paid  or  in- 
curred shall  in  all  cases  be  allowed  to  the  prevailing  party. 

636.  Taxation  of  costs. — Sec.  38.  Costs  and  disbursements  shall  be  taxed 
and  allowed  h}'  the  clerk  of  said  court  as  in  the  district  courts  of  this 
state. 

637.  Clerk's  and  officer's  fees. — Sec.  39.  In  all  proceedings  had  in  said 
court  like  fees  shall  be  charged  and  collected  by  the  clerk  as  costs  are  al- 
lowed by  law  to  the  clerk  of  the  district  court  of  the  county  of  Ramsey  foi 
like  services. 

Provided,  that  the  plaintiff,  u])()n  the  filing  of  his  complaint  in  said  court, 
and  the  appellant  or  party  procuring  the  transfer  of  any  action  from  a  jus- 
tice's court,  upon  filing  the  return  on  appeal  or  other  paper,  shall  pay  to  the 
clerk  the  sum  of  one  (l)  dollar  and  fifty  (50)  cents  for  the  use  of  the  City 
of  St.  Paul,  which  sum  shall  be  in  full  of  all  costs  and  fees  of  said  court  and 
clerk,  up  to  and  including  the  entry  of  judgment  and  certifying  transcript 
of  judgincnt  to  the  district  court,  and  no  rebate  shall  be  allowed  to  any  such 
person  making  such  payment. 

638.  Trial  by  jury. — Sec.  40.  Trial  by  jury  in  said  courts  shall  in  all  re- 
spects be  conducted  as  in  the  district  court  of  this  state,  and  all  laws  of  a  gen- 
eral nature  applicable  to  jury  trials  in  said  district   court  shall  apply  to  said 

municipal  court. 

639.  Jury,  method  of  drawing. — Sec.  41.  The  two  (2)  judges  of  said 
court  and  the  president  of  the  common  council  of  the  City  of  Saint  Paul  shall, 
on  the  last  Saturday  of  each  and  every  month,  meet  at  the  municipal  court 
room  in  said  City  of  St.  Paul,  and,  from  the  electors  of  said  city,  select  and 
designate  forty-eight  (4S)  of  said  electors  as  the  jurors  of  said  court  to  serve 
therein    wlicn    rctiuired    and    drawn,    during    llu-    succeeding    month,    and    until 


lG:i  CHARTER  OK  CITY  ()1<  ST.  PAUL. 

their  successors  are  selected.  The  clerk  shall,  thereupon,  write  the  names  of 
the  jurors  so  elected  upon  separate  slips  of  paper  and  place  the  same  in  a 
wheel  or  box,  and  whenever  a  jury  is  required  in  said  court  he  shall,  there- 
upon, by  lot,  draw  for  a  jury  of  six  (6)  men,  twelve  (12)  jurors;  and  for  a 
jury  of  twelve  (12)  men  twenty-four  (24)  jurors. 

The  jurors  so  drawn  shall  be  summoned  to  attend  the  trial  of  tlie  case 
wherein  they  are  drawn.  The  first  six  (6)  of  twelve  (12)  jurors  drawn  shall 
constitute  the  jury,  unless  some  of  said  jurors  are  excused  or  challenged,  in 
which  case  the  cierk  shall  call  so  many  of  the  remaining  jurors  as  shall  be 
required  to  fill  the  places  of  the  jurors  excused.  And  in  the  event  that  a  jury 
cannot,  for  any  cause,  be  filled  and  sworn  from  the  jurors  so  summoned,  then 
the  clerk  shall  draw  other  names  from  said  box  or  wheel,  and  summon  the 
same,  until  the  jury  is  full. 

Prcnided,  however,  that  each  party  to  a  civil  or  criminal  action  shall  be 
entitled  to  ih.oe  (3)  peremptory  challenges  and  no  more. 

640.  Fees  of  jurors. — Sec.  42.  Jurors  so  summoned  and  attending  as 
aforesaid,  in  said  court,  and  duly  sworn  as  such  for  the  trial  of  any  action, 
shall  be  entitled  to  like  compensation  as  jurors  in  district  court;  but  the 
party  demanding  a  jury  in  any  civil  action  shall  be  required  to  advance  the 
fees  for  such  jury  before  the  venire  shall  issue. 

641.  Appeals  to  the  Supreme  Court. — Sec.  43.  Any  cause  including  ac- 
tions under  chapter  eighty-four  (84)  of  the  general  statutes  of  one  thousand 
eight  hundred  and  seventy-eight  (1878),  may  be  removed  from  said  court  to 
tlie  supreme  court  of  the  state,  in  like  manner,  and  upon  like  proceedings,  and 
with  like  effect,  as  fnom  the  district  court,  except  in  cases  where  appeals  are 
prohibited  by  the  charter  of  the  City  of  St.  Paul. 

642.  Transcript,  lien. — Sec.  44.  No  judgment  rendered  in  said  court 
shall  attach  as  a  lien  upon  real  estate,  until  a  transcript  thereof  shall  be  filed 
in  the  district  court,  as  hereinafter  provided. 

Every  person  in  whose  favor  a  judgment  is  rendered,  in  said  municipal 
court,  may  demand  and  receive  from  such  clerk  a  transcript  of  such  judgment 
duly  certified,  and  file  the  same  in  the  office  of  the  clerk  of  the  district  court 
of  the  County  of  Ramsey,  who  shall  file  and  docket  the  same  as  in  the  case 
of  transcripts  of  judgment  from  courts  of  justices   of  the  peace. 

And  every  such  judgment  shall  become  a  lien  upon  the  real  estate  of  the 
debtor,  from  the  time  of  filing  such  transcript,  to  the  same  extent  as  a  judg- 
ment of  said  district  court,  and  shall  thereafter,  so  far  as  relates  to  the  en- 
forcement of  the  same,  be  exclusively  under  the  control  of  said  district  court, 
and  carried  into  execution  by  its  process  the  same  as  if  rendered  in  said  dis- 
trict court. 

643.  Duty  of  sheriff. — Sec.  45.  It  shall  be  the  duty  of  the  sheriff  of  the 
County  of  Ramsey,  in  the  State  of  Minnesota,  to  serve  all  civil  process  and 
other  papers  in  civil  actions  issued  by  said  court,  and  to  summon  all  persons 
required  therein,  except  as  herein  otherwise  provided. 

644.  Police    officers — Process    in    criminal   actions. — Sec.    46.     The    police 

ofticers  of  said  City  of  St.  Paul  are  herebj'  vested  with  all  the  powers  of  con- 
stables, under  the  statutes  of  this  state,  as  well  as  at  common  law,  so  far  as 
proceedings  in  criminal  actions  of  said  court  are  concerned.  It  shall  be  the 
duty  of  the  police  officers  of  said  city  to  serve  all  process  or  othei:  papers 
issued  by  said  court  in  the  course  of  criminal  proceedings.  All  such  process 
shall  be  delivered  to  the  chief  of  police,  and  it  shall  be  his  duty  to  see  that 
all  such  process  is  faithfully  served  and  duly  executed. 

645.  Police  officers  and  bailiff. — Sec.  47.  It  shall  be  the  duty  of  the 
mayor  of  said  city  to  sec  that  a  sufficient  number  of  said  police  ofificers  are 
always  in  attendance  upon  said  court,  and  in  readiness  to  obey  its  mandates 
and  preserve  order  in  its  proceedings.  And  said  mayor  shall  have  the  power, 
in    his   discretion,   to   appoint    not    exceeding   three    persons,   approved    by     the 


THE  MUXICIFAL  COURT.  163 

judges  of  said  municipal  court,  as  policemen  for  special  attendance  and  duty 
in  said  court,  irrespective  of  the  general  or  special  rules,  or  legal  regulations 
or  enactments,  relative  to  the  Qualilications  of  policemen;  but  such  persons 
shall  receive  the  same,  but  no  greater  compensation,  unless  the  council  directs 
a  greater  compensation,  than  ordinary  police;  and  all  policemen  attending 
said  court  may  be  required  to  give  bonds  to  said  city  in  such  sum  as  the 
council  shall  direct  for  the  faithful  performance  of  their  duties;  such  bonds 
to  be  for  the  use  of  all  persons  interested.  Provided,  however,  that  nothing 
herein  contained  shall  affect  the  powers  and  duties  of  the  general  police  in 
said  court. 

646.  Fees  of  police. — Sec.  48.  Police  officers  shall  hereafter  receive  for 
their  services  no  other  compensation  than  the  salary  paid  them  by  the  city, 
except  as  otherwise  provided  by  the  charter  of  ~the  City  of  Saint  Paul;  and  if 
any  fee  shall  be  paid  to  any  police  officer,  or  bailiff,  for  any  service  in  connec- 
tion with  this  court  he  shall  forthwith  pay  the  same  over  to  the  clerk  of  the 
court  for  the  use  of  said  city,  and  a  failure  to  do  so  shall  be  a  misdemeanor, 
punishable  by  a  fine  not  exceeding  one  hundred  (100)  dollars,  or  by  imprison- 
ment not  exceeding  thirty  (30)  days,  and  said  clerk  shall  pay  the  same  to  the 
city  treasurer  in  the  same  manner  as  provided  by  section  fourteen  (14)  of  this 
act. 

647.  Deputy  clerk  to  act  as  bailiff. — Sec.  49.  The  deputy  clerk  may, 
when  required  by  said  court,  perform  the  duties  imposed  by  this  act  upon  its 
special  policemen,  and  shall  have  the  same  authority  and  powers  as  are  con- 
ferred by  law  upon  police  officers  of  the  City  of  St.  Paul. 

Provided,  that  he  shall  receive  no  other  compensation  fc»r  such  services 
than  his  compensation  as  deputy  clerk. 

648.  Justices  of  the  peace. — Sec.  .50.  No  provision  in  this  act  contained 
shall  be  construed  as  repealing  or  in  any  wise  limiting  the  effect  of  section 
ten  (10)  of  chapter  two  hundred  and  eleven  (211)  of  the  special  laws  of  Min- 
nesota enacted  in  the  year  one  thousand  eight  hundred  and  seventy-six  (1876), 
as  amended  by  chapter  ninety-two  (92)  of  the  specia^  laws  of  the  year  one 
thousand  eight  hundred  and  seventy-nine  (1879),  relating  to  justices  of  the 
peace. 

649.  Court  confirmed. — Sec.  51.  All  civil  and  criminal  actions  pending 
and  undetermined  in  the  municipal  court  of  said  City  of  Saint  Paul  after  the 
passage  of  this  act,  and  all  other  proceedings  in  progress  at  said  date  in  said 
court  shall  proceed,  without  interruption,  in  the  court  designated  and  ♦estab- 
lished in  this  act;  and  the  court  herein  designated  shall  have  the  custody 
and  control  of  all  the  records  of  the  present  municipal  court  to  the  same 
extent  as  though  the  said  actions  and  proceedings  had  been  instituted  and  the 
said  orders,  judgments  and  determinations  had  been  made  and  entered  by 
the  court  herein  designated  and  established.  The  enactment  of  this  statute 
shall  save  and  confirm  all  rights  gained^  and  privileges  acquired  imder  and 
by  virtue  of  the  legislation  by  which  the  present  municipal  court  of  the  City 
of  St.  Paul  was  created,  and  under  and  by  virtue  of  any  acts  of  the  legislature 
amendatory  of  such  legislation. 

650.  Salaries. — Sec.  52.  The  salary  of  each  of  the  two  judges  of  the 
municipal  court  of  the  City  of  Saint  Paul,  shall  be  four  thousand  (4,000)  dol- 
lars per  annum,  and  be  paid  out  of  said  city  treasury  in  equal  monthly  in- 
stallments. The  salary  of  the  clerk  of  the  municipal  court  shall  be  two  thou- 
sand live  hundred  (2, .500)  dollars  per  annum,  and  the  salary  of  the  deputy 
clerk  of  said  court  shall  be  twelve  hundred  (1,300)  dollars  per  annum.  The 
salary  of  the  clerk  and  the  deputy  clerk  of  said  court  shall  be  paid  out  of 
said  city  treasury  in  equal  monthly  installments.  The  salary  of  the  offfcial 
stenographic  reporter  of  said  court  shall  be  one  thousand  two  hundred  (1300) 
dollars  per  annum,  payable  as  aforesaid  in  equal  monthly  installments. 


164  CHARTER  OF  CITY  OF  ST.  PAUL. 

651.  Judges  may  act,  how. — Sec.  53.  Both  of  said  two  judges  of  the 
municipal  court  may  hold  sessions  and  act  as  such  court,  and  shall  be  fully 
possessed  of  all  the  powers  and  authority  of  such  court.  The  two  judges  may 
act  jointly  at  any  time  or  upon  any  occasion  deemed  by  them  proper. 

652.  Stays  of  execution. — Sec  54.  In  all  cases  of  a  prosecution  in  the 
municipal  court  of  the  City  of  St.  Paul  for  a  breach  or  violation  of  an  ordi- 
nance, by-law  or  regulation  of  said  city,  or  its  charter,  or  for  an  assault  and 
battery,  or  breach  of  the  peace,  or  affray,  or  other  offense  not  indictable,  com- 
mitted within  the  limits  of  said  city,  in  case  of  conviction  therefor  no  stay  of 
proceedings  for  the  purpose  of  an  appeal  or  otherwise  shall  be  granted  either 
by  said  municipal  court,  or  the  supreme  court  or  any  other  court  of  the  State 
of  Minnesota  unless  the  fine  and  costs  imposed  upon  such  conviction  are  first 
paid;  Provided,  however,  that  when  any  fine  is  paid  under  such  conviction 
and  the  judgment  is  reversed,  the  fine  so  paid  shall  be  refunded  by  the  City 
of  St.  Paul.      (Sec.  5,  Ch.  48,  S.  L.  1887.) 

653.  State  laws. — Sec.  55.  All  laws  of  the  State  of  Minnesota,  in  force 
at  the  time  of  the  adoption  of  this  charter  and  applicable  to  the  present 
municipal  court  in  the  City  of  St.  Paul,  or  any  of  its  officers,  shall  continue 
in  force  and  apply  to  the  municipal  court  and  its  officers  provided  for  in  this 
chapter. 


THE  WORKHOUSE.  165 


CHAPTER    XXL 

Work    House. 

654.  Work  house  established. — Section   1.     The  common   council  of  the 

City  of  St.  Paul  is  hereby  authorized  and  empowered  to  establish,  erect  and 
maintain  a  work  house  for  the  confinement  and  punishment  of  prisoners,  sen- 
tenced thereto  by  the  municipal  court  of  the  City  of  St.  Paul,  or  the  district 
court  of  the  second  judicial  district  of  Ramsey  county.  (S.  L.  1881,  Ch.  190, 
Sec.  1.) 

And  the  public  workhouse  heretofore  established  and  now  maintained  by 
said  city  is  hereby  continued  subject  to  all  the  provisions  of  this  chapter  and 
until  the  further  action  of  said  common  council. 

655.  Board  of  Directors. — Sec.  2.  The  direction,  management  and  control 
of  such  workhouse,  and  the  maintenance  and  care  of  the  convicts  therein, 
shall  be  vested  in  a  board  of  five  directors,  who  shall  be  styled  the  "Board 
of  Public  Work  House  Directors,"  and  said  directors  shall  serve  without 
compensation.      (lb.  Sec.  2.) 

656.  Appointment  of  directors,  term,  vacancies. — Sec.  3.  Said  directors 
shall  be  appointed  by  the  mayor,  and  shall  hold  their  office  for  five  years, 
except  at  the  first  appointment,  one  shall  be  appointed  to  serve  for  one  year, 
one  for  two  years,  one  for  three  years,  one  for  four  years,  and  one  for  five 
years,  and  thereafter  one  shall  be  appointed  annually.     (lb.  Sec.  3.) 

The  present  members  of  the  Board  of  St.  Paul  Work  House  Directors 
shall  hold  office  during  the  term  for  which  they  were  respectively  appointed, 
and  thereafter  one  member  of  the  Board  of  Public  Work  House  Directors 
hereby  established  shall  be  appointed  annually.  In  case  the  office  of  any 
member  should  become  vacant  during  his  term,  the  mayor  shall  in  like  man- 
ner, as  soon  thereafter  as  practicable,  appoint  a  person  of  like  qualification 
aforesaid,  to  fill  said  vacancy  during  said  unexpired  term  and  until  a  succes- 
sor shall  be  appointed  and  qualified. 

657.  Powers  of  board  of  directors. — Sec.  4.  The  said  board  of  directors 
shall  have  the  power  to  take  charge  of  all  buildings  erected  for  a  work  house, 
work  shop  and  real  estate  connected  therewith,  providing  the  buildings  and 
shops  with  the  necessary  machinery  and  tools,  with  power  to  adopt  rules  for 
the  regulation  and  discipline  of  said  work  house,  to  make  all  such  by-laws  and 
rules  in  relation  to  the  management  and  government  thereof  as  they  sliall 
deem  expedient,  and  enforce  the  same  by  such  punishment  as  in  their  judg- 
ment, shall  best  promote  the  interests  of  the  work  house  and  said  prisoners 
therein  confined,  and  to  appoint  a  superintendent  and  such  other  officers  as 
may  be  necessarj',  regulating  their  salary  and  prescribing  their  duties  gen- 
erally. All  rules,  regulations  or  other  orders  of  said  board  shall  be  recorded 
in  a  book  to  be  kept  out  for  that  purpose,  and  shall  at  all  times  be  subject 
to  the  examination  of  the  mayor  or  any  member  of  the  assembly,  board  or 
aldermen  or  committees  of  the  assembly  or  board  of  aldermen,  comptroller, 
corporation  attorney  or  treasurer. 

658.  Sentences  to  work  house. — Sec.  5.  It  shall  be  the  duty  of  any  court, 
judge  or  justice  oi  the  peace  in  the  County  of  Ramsey,  in  the  sentence  of  any 
person  convicted  of  an  offense,  punishable  by  imprisonment  in  the  common 
jail  of  Ramsey  county,  to  sentence  such  person  to  be  confined  in  the  said 
workhouse,  there  to  be  received,  kept  and  employed,  according  to  law,  under 
the  rules  and  regulations  of  said  workhouse;  and  it  shall  be  the  duty  of  all 
officers  having  the  execution  of  the  final  process  of  any  court  or  justice  of  the 
peace  sentencing  convicted  persons  to  said  workhouse,  to  cause  such  crimi- 
nals to  be  conveyed  fi)rtli\vitli  to  said  work  house.      (lb.  Sec.  (i. ) 


ir,(5  CHARTER  OV  CITY  (JF  ST.  PAUL. 

659.  Escapes  or  attempted  escapes. — Sec.  6.  Any  person  lawfully  com- 
mitted to  said  work  house,  who  sliall  escape  therefrom,  or  break  the  same 
with  intent  to  escape  therefrom,  ur  who  shall  attempt  by  force  or  violence, 
or  in  any  other  way,  to  escape  from  said  work  house,  whether  such  escape 
be  effected  or  not,  shall,  upon  conviction  thereof  before  the  municipal  court 
of  said  cit)^  be  punished  by  confinement  in  said  work  house,  for  a  term  not 
exceeding  double  the  term  for  which  such  person  was  so  sentenced,  to  com- 
mence from  and  after  the  expiration  of  his  or  her  former  sentence.  (lb. 
Sec.  7.) 

660.  Reports,  records,  financial  affairs. — Sec.  7.  The  said  board  of  di- 
rectors shall  elect  one  of  their  own  number  president,  some  suitable  person 
as  secretary;  the  treasurer  of  the  City  of  St.  Paul  is  hereby  declared  to  be 
ex-officio,  the  comptrt  Her  of  said  board.  It  is  made  the  duty  of  the  secretary, 
under  the  direction  of  said  board,  to  keep  a  set  of  books,  which  will  exhibit 
clearly  the''state  of  the  prisoners,  the  number  received  and  discharged,  the 
number  emploj^ed  in  each  branch  of  industry  carried  on,  and  the  receipts  and 
expenditures  for  and  on  account  of  each  department  of  business,  or  for  the 
improvement  of  the  premises.  A  semi-annual  statement  shall  be  made  out 
and  transmitted  to,  the  common  council  of  said  city,  which  shall  specify 
minutely  all  receipts  and  expenses,  from  whom  received  and  to  whom  paid, 
and  for 'what  purpose.  It  is  made  the  duty  of  the  treasuer  of  said  board  to 
receive  all  moneys  which  may  be  paid  into  the  treasury,  on  account  of  said 
work  house,  from  the  sale  of  bonds,  the  collection  of  taxes,  the  earnings  of 
the  prisoners,  or  from  any  source  whatever,  credit  said  board  therewith,  and 
shall  keep  a  detailed  and  exact  account  thereof,  in  such  manner  as  to  show 
at  all  times  the  exact  financial  condition  of  said  board;  and  the  city  comptrol- 
ler shall  keep  regular  books  of  accounts  in  which  all  moneys  received  or 
paid  out,  for  or  on  account  of  said  board  shall  be  entered.  He  shall  counter- 
sign all  warrants  or  orders  ^drawn  upon  the  treasurer  of  said  board  by  the 
president  and  superintendent  thereof,  and  other  evidences  of  the  indebtedness 
of  the  said  bo;ird,  and  shall  keep  an  exact  account  thereof,  stating  to  whom 
and  for  what  purposes  issued,  and  shall  keep  an  account  with  the  treasurer 
of  said  board,  showing  the  amount  received  froin  all  the  dififerent  sources  of 
revenue,  and  the  amount  disbursed  under  the  direction  of  said  board.  All 
contracts  over  $200  shall  be  in  duplicate  and  countersigned  by  said  comptrol- 
ler, one  of  which  shall  be  filed  in  the  office  of  said  comptroller,  the  other  with 
the  secretary  of  said  board.      (lb.  Sec.  8.) 

661.  Superintenddht. — Sec.  S.  The  superintendent  of  said  work  house 
shall  have  entire  control  and.  management  of  all  its  concerns,  subject  to  the 
authority  established  by  law,  and  the  rules  and  regulations  adopted  for  its 
government.  It  shall  be  his  duty  to  obey  and  carry  out  all  orders  and  in- 
structions of  the  directors,  not  inconsistent  with  the  laws,  rules  and  regula- 
tions relating  to  the  government  of  said  institution.  He  shall  be  responsible 
for  the  manner  in  which  said  work  is  managed  and  conducted.  He  shall  re- 
side at  said  work  house,  devote  his  time  and  attention  to  the  business  thereof, 
and  visit  and  examine  into  the  condition  and  management  of  every  depart- 
inent  thereof,  and  of  each  prisoner  therein  confined,  daily,  or  as  often  as  good 
order  or  necessity  may  require.      (lb.  Sec.  9.) 

662.  Agreements  with  county  boards. — Sec.  9.  The  county  commission- 
ers of  any  organized  county  of  the  State  of  Minnesota  shall  have  full  power 
and  authority  to  enter  into  an  agreement  with  the  common  council  of  the 
City  of  St.  Paul,  or  with  any  authorized  agent  or  officer  in  behalf  of  said 
city,  to  receive  and  keep  in  the  St.  Paul  work  house  any  person  or  persons 
over  sixteen  years  of  age,  who  may  be  sentenced  to  confinement  by  any 
court  or  justice  of  the  peace  in  any  of  said  counties,  for  any  term  not  less 
than  sixty  days.  Whenever  such  agreement  shall  have  been  made,  it  shall 
be  the  duty  of  the  county  commissioner  for  any  county  in  behalf  of  which 
such  agreement  shall  have  been  made,  to  give  public  notice  thereof  in  some 
newspaper  published  within  said  county,  if  there  be  one,  and  in  case  no  news- 


TlirC  WORKHOUSE.  1G7 

paper  is  published  in  said  county,  then  such  notice  shall  be  published  in  some 
newspaper  published  in  the  City  of  St.  Paul  tor  a  period  of  four  weeks,  and 
such  notice  shall  state  the  period  of  time  for  which  such  agreement  shall 
remain  in  force.      (S.  L.  1883,  Ch.  76,  Sec.  19.) 

663.  Effect  of  such  agreement. — Sec.  10.  In  every  county  having  such 
agreement  with  the  said  City  of  St.  Paul,  it  shall  be  the  duty  of  everj'  court, 
police  justice,  justice  of  the  peace  or  other  magistrate,  by  whom  any  person 
over  sixteen  years  of  age,  for  any  crime  or  misdemeanor  not  punishable  by 
imprisonment  in  the  state  prison,  may  be  sentenced  for  any  term  not  less 
than  sixty  days,  to  sentence  such  person,  if  over  sixteen  years  of  age  to  the 
work  house  in  the  City  of  St.  Paul,  there  to  be  received,  kept  and  employed 
in  the  manner  prescribed  by  law,  and  the  rules  and  discipline  of  the  said 
work  house;  and  it  shall  be  the  duty  of  any  such  court,  police  justice,  justice 
of  the  peace  or  other  magistrate,  by  a  warrant  of  commitment  duly  issued  by 
the  court,  justice  or  magistrate  declaring  such  sentence,  to  cause  such  person 
so  sentenced,  to  be  forthwith  conveyed  by  some  proper  officer,  to  said  work 
house.      (Tb.  Sec.  20.) 

664.  Duty  of  sheriff,  constable,  etc. — Sec.  11.  It  shall  be  the  duty  of  the 
sheriff,  constable  or  other  officer  in  and  for  any  county  having  such  agree- 
ment with  said  City  of  St.  Paul  to  whom  any  warrant  or  commitment  for 
that  purpose  may  be  directed,  by  any  court  or  magistrate  in  such  county, 
to  convey  such  person,  so  sentenced  to  the  said  work  house  in  the  City  of 
St.  Paul,  and  there  deliver  such  person  to  the  keeper  or  other  proper  officer 
of  said  work  house,  whose  duty  it  shall  be  to  receive  such  person  so  sen- 
tenced, and  to  safely  keep  and  employ  such  person  for  the  term  mentioned  in 
the  warrant  or  commitment,  according  to  the  laws  of  said  work  house;  and 
the  officer  thus  conveying  and  so  delivering  the  person  or  persons  so  sen- 
tenced, shall  be  allowed  such  fees  or  compensation  therefor  as  shall  be  pre- 
scribed or  allowed  by  the  board  of  commissioners  for  the  county  in  which 
such  prisoners  shall  have  been  convicted.      (lb.   Sec.  21.) 

665.  Compensation  for  care  of  prisoners. — Sec.  12.  That  for  the  board, 
confinement  and  maintenance  of  all  i)risr)ners  received  in  the  St.  Paul  work 
house  from  any  county,  with  which  the  City  of  St.  Paul  has  a  contract  to 
receive  such  prisoners,  and  from  the  County  of  Ramsey,  such  compensation 
ma^^  be  charged  and  received  by  the  directors  of  said  work  house,  from  the 
counties  in  which  said  prisoners  were  convicted  as  may  be  agreed;  but  in  no 
event  shall  the  price  or  sum  charged  for  the  board  or  maintenance  of  any 
prisoner  exceed  $1.50  per  week.      (lb.  Sec.  22.) 

666.  Agreements  with  other  states. — Sec.  13. — The  board  of  directors  of 
said  work  house  arc  authorized  and  empowered  on  behalf  of  the  City  of  St. 
Paul  to  contract  with  other  states  and  territories,  to  receive  and  keep  prison- 
ers sentenced  to  confinement  not  less  than  sixty  days,  upon  such  terms  as 
may  be  agreed  upon.       (lb.  Sec.  23.) 

667.  Compensation  of  sheriff  for  board  of  prisoners. — Sec.  14.  That 
after  the  adoption  of  this  charter  no  greater  or  other  sum  than  $1.50  per  week 
shall  be  paid  by  the  City  of  St.  Paul  to  the  sheriff  of  Ramsey  county  for  the 
board  of  any  prisoner  sentenced  by  or  held  under  any  process  or  warrant 
issued  out  of  the  municipal  court  of  said  City  of  St.  Paul,  which  sum  shall 
be  in  full  for  all  charges  and  expenses  for  the  commitment  as  well  as  the 
board  of  such  prisoners.     (lb.  Sec.  24.) 

668.  Duties  of  superintendent. — Sec.  15.  It  shall  be  the  duty  of  the  su- 
perintendent of  the  St.  Paul  work  house  to  provide  and  keep  a  book  in  which 
shall  be  entered  a  record  of  all  infractions  of  the  published  rules  and  dis- 
cipline of  the  said  work  house,  with  the  name  of  the  convict  offending,  and 
the  date  and  character  of  each  offense,  which  record  shall  be  submitted  to  the 
directors  of  said  work  house  at  each  regular  meeting  of  the  said  directors; 
and   every   convict   who   shall   have   been    sentenced    for   a    term   of   one    (l)    or 


168  ClIARTI'lR  (Jl-  CITY  OK  ST.  PAUL. 

more  years,  who  shall,  at  the  end  of  the  first  (1st)  month  of  his  imprisonment, 
have  no  infraction  of  the  discipline  of  the  prison  recorded  against  him,  shall, 
for  the  first  (1st)  month  be  entitled  to  a  diminution  of  two  (2)  days  from 
the  term  of  his  sentence;  and  if  at  the  end  of  the  second  month,  no  infrac- 
tion of  the  rules  is  recorded  against  him.  four  (4)  additional  days  of  diminu- 
tion from  the  sentence;  and  if  he  shall  continue  to  have  no  such  record 
against  him  for  the  third  (3rd)  month,  his  time  of  sentence  shall  be  shortened 
six  (6)  additional  days;  and  if  he  shall  so  continue  for  the  subsequent  months, 
he  shall  be  entitled  to  six  (6)  days'  diminution  of  time  from  his  sentence  for 
each  month  he  shall  so  continue  his  good  behavior;  and  if  any  convict  shall 
so  pass  the  whole  term  of  his  service,  or  the  remainder  of  his  sentence  after 
the  adoption  of  this  charter  (providing  he  shall  have  the  term  of  one  (1)  year 
yet  to  serve),  he  shall  be  entitled  to  a  certificate  thereof  from  the  superintend- 
ent, and  upon  the  pre::,entation  thereof  to  the  directors  he  shall  be  entitled  to 
a  restoration  of  his  rights  of  citizenship,  which  inay  have  been  forfeited  by 
his  conviction;  and  it  shall  be  the  duty  of  the  superintendent  to  discharge 
such  convict  from  the  work  house  when  he  shall  have  served  out  the  time 
of  his  sentence,  less  the  number  of  days  he  may  have  been  entitled  to  have 
deducted  therefrom,  in  the  same  manner  as  if  no  deduction  had  been  made; 
provided,  that  if  such  convict  shall  be  guilty  of  a  violation  of  any  of  the 
printed  and  published  rules  of  the  work  house,  after  he  shall,  as  provided  in 
this  chapter,  have  become  entitled  to  a  diminution  of  his  time  of  service 
to  which  he  has  been  sentenced,  the  directors  shall  have  the  power  to  deprive 
at  their  discretion  such  convict  of  a  portion  or  all  (according  to  the  flagrance 
of  the  violation  of  discipline),  of  the  diminution  of  the  term  of  sentence  to 
which  he  had  been  previously  entitled  by  this  chapter. 

"It  is  hereby  made  the  duty  of  the  superintendent  of  the  work  house  of 
the  City  of  St.  Paul,  forthwith  upon  the  adoption  of  this  charter,  to  report 
in  writing  to  the  city  treasurer  of  St.  Paul  the  name  of  each  prisoner  in  his 
charge,  the  nature  of  the  offense  for  which  he  was  committed,  the  date  when 
he  was  committed,  and  the  penalty  imposed  by  the  court  at  the  time  said  pris- 
oner was  committed;  and  thereafter  it  shall  be  the  duty  of  said  superintendent 
to  report  to  said  treasurer  in  writing  each  day  (and  deliver  the  same  by  his 
own  hand  or  by  mail)  the  name  of  each  prisoner  committed  to  his  charge 
since  the  date  of  his  last  report,  the  date  when  he  was  committed,  the  nature 
of  the  offense  for  which  he  was  committed,  and  the  penalty  iinposed  by  the 
court  at  the  time  such  co;nmitn:ent  was  directed,  and  also  the  name  of  ea'ch 
prisoner  discharged  since  the  date  of  his  last  report,  and  the  reason  of  his 
discharge,  and  by  whose  authority  he  was  discharged;  and  it  is  hereby  made 
the  duty  of  said  treasurer  to  procure  a  book  and  enter  in  said  book  from 
day  to  day  said  reports  as  received,  showing  the  status  of  each  prisoner 
named  in  said  reports  by  showing  his  name,  date  of  commitment,  nature  of 
offense  for  which  he  was  committed,  and  the  penalty  imposed  by  the  court 
when  he  was  ordered  committed,  and  the  date  of  his  discharge,  and  by  whose 
order  or  for  what  reason  he  was  discharged." 

Said  book  and  said  daily  reports  are  hereby  made  a  part  of  the  records 
of  said  treasurer's  office,  and  are  open  to  inspection  during  all  business  hours 
to  any  taxpayer  of  said  city.  (Sec.  7.  Ch.  48.  S.  L.  1887,  and  Sec.  9,  Ch.  6, 
S.  L.  1891.) 


ALMS    llol'Sl.:  AND  CITY    !K)SPITAL.  1(59 

CHAPTER    XXII. 

Alms  House  and  City  Hospital. 

The  provisions  of  law  relating  to  the  Alms  House  and  llnspital  as  they 
now  exist  are  continued  in  force,  such  provisions,  after  eliminating  therefrom 
such  parts  as  have  been  fully  exectited,  are  as  follows: 

669.  City  and  county  to  share  cost. — Section  1.  The  County  of  Ramsey 
and  corporation  of  the  City  of  St.  Paul  shall  bear  and  pay  all  cost  and  ex- 
pense of  maintaining  said  alms  house  and  hospital,  and  the  incidental  ex- 
penses of  keeping  and  supporting  the  persons,  patients  or  inmates  thereof, 
in  the  following  proportion,  to-wit:  The  County  of  Ramsey  shall  pay  two- 
thirds  thereof  and  the  City  of  St.  Paul  one-third  thereof,  out  of  their  re- 
spective treasuries.  * 

670.  County   board   of   control — Appointment,   term,   compensation. — Sec 

2.  That  the  judges  of  the  district  court  of  the  second  judicial  district,  County 
of  Ramsej^  State  of  Minnesota,  or  a  majority  of  them,  are  hereby  authorized 
and  empowered  as  hereinafter  provided,  to  appoint  three  directors,  citizens 
and  freeholders  of  said  County  of  Ramsey,  who  shall  constitute  the  board  of 
control  of  said  county.  No  members  of  the  assembly,  board  of  aldermen,  or 
of  the  board  of  county  commissioners,  shall  hereafter  be  elected  a  member 
or  clerk  of  said  board  of  control.  The  term  of  office  of  the  members  of  said 
board  of  control,  as  constituted  by  the  act,  shall  remain  as  now  provided  by 
law,  and  on  the  first  day  of  July  next  succeeding  the  adoption  of  this  charter 
the  said  district  judges,  as  aforesaid,  shall  appoint  one  member  of  said  board 
for  the  term  of  three  years,  and  annually  thereafter  one  member  of  said 
board  for  a  like  period  of  time.  Each  member  of  said  board  of  control 
shall  receive  as  compensation  three  dollars  per  day  for  the  time  actually  em- 
ployed in  his  official  duties,  provided,  that  such  compensation  in  any  one 
year  shall  not  exceed  the  sum  of  four  hundred  fifty  (450)  dollars  each.  Such 
board  of  control  shall  have  power  to  appoint  a  clerk  whose  compensation 
shall  be  twelve  hundred   (1200)   dollars  per  annum. 

671.  Examinations  of  books  and  affairs. — Sec.  ?>.  And  it  is  hereby  re- 
(juired  that  the  auditor  of  Ramsey  county  and  the  comptroller  of  the  City  of 
St.  Paul  shall  examine  the  books  and  affairs  of  the  said  board  of  directors, 
and  make  a  full  report  thereon  to  the  board  of  county  commissioners  of 
Ramsey  county,  and  the  common  council  of  the  City  of  St.  Paul,  respectively, 
at  least  once  each  year. 

672.  Powers  and  duties  of  board  of  control. — Sec.  4.  It  shall  be  the 
duty  of  said  board  of  directors  to  do  and  perform  all  the  duties  now  enjoined 
upon  the  overseers  of  the  poor  by  the  general  statutes  of  the  state.  Said 
directors  shall  have  the  further  power  to  make  all  needful  rules  and  regula- 
tions respecting  the  discipline,  order,  conduct  and  supervision  of  said  alms 
house  and  hospital,  as  they  may  deem  expedient,  and  shall  report  quarterly 
to  the  city  council  and  the  board  of  county  commissioners  a  full  statement, 
in  writing,  of  all  their  said  regulations,  acts,  doings,  contracts  and  accounts, 
and  in  all  things  said  directors  shall  act  jointly  as  a  board  by  a  majority 
thereof  and  not  otherwise,  and  they  shall  keep  a  complete  record  of  all  their 
official  acts,  and  all  the  powers  heretofore  devolved  upon  one  county  com- 
missioner by  the  general  statutes  of  the  state  are  hereby  transferred  to  said 
board  of  directors  as  a  body,  and  said  board  of  directors  shall  have  the  fur- 
ther power  to  appoint  an  alms  house  and  hospital  physician,  which  said  physi- 
cian shall  possess  all  the  jxiwers  and  perform  all  the  duties  of  county  and 
city  phy.'iician. 

673.  Title  to  poor  farm. — Sec.  '■>.  Th.ii  ilu'  County  of  Ramsey  is  hereby 
duly   authorizi-d   and   empowered   to  convey   bj-   di.'i^'i]   to   the   corporation   of  the 


170  CHARTER  OF  CITY  OF  £T.  PAUL. 

City  of  St.  Paul,,  and  said  City  (jf  S't.  Paul  is  hereby  authorized  to  hold  in 
fee  one  undivided  third  of  the  40  acres  of  the  county  poor  farm,  to  include 
that  portion  upon  which  some  ])uildings  are  now  situated  in  consideration  of 
the  advances  provided  to  be  made  by  said  city. 

674.  Powers  of  county  board. — Sec.  G.  The  board  of  commissioners  of 
Ramsey  county  shall  have  power  to  order  said  directors  to  make  reports  and 
settlements  of  their  accounts,  acts  and  doings,  at  any  time,  and  more  fre- 
quently than  quarterly,  if  said  county  board  shall  at  any  time  deem  it  expe- 
dient, an  abstract  of  which  settlement  shall  immediately  thereafter  be  for- 
warded to  and  filed  with  the  city  comptroller. 

Sec.  7.  The  board  of  commissioners  of  the  County  of  Ramsey  shall  have 
power  to  make  all  necessary  rules  and  regulations  to  carr}^  into  effect  this 
act,  according  to  his  intent  and  object. 

675.  Title  to  lands,  buildings  and  improvements. — Sec.  8.  The  title  to 
an  undivided  one-third  of  all  lands,  buildings  and  improvements  thereon 
erected,  together  with  such  other  property  as  may  be  purchased  or  acquired 
under  this  act,  shall  be  vested  and  held  to  and  in  the  City  of  St.  Paul,  the 
other  two-thirds  in  the  County  of  Ramsey. 

676.  Management  of  alms  house  and  hospital. — Sec.  9.  The  management 
of  the  affairs  of  the  said  alms  house  and  hospital  shall  be  under  the  control 
of  the  said  directors,  and  the  said  alms  house  and  hospital  shall  be  subject 
to  all  the  regulations  and  provisions  of  law. 

677.  Relief  to  non-residents,  rates  for. — Sec.  10.  The  said  directors  shall 
have  the  power  to  fix  rates,  amounts  or  charges,  to  be  paid  by  any  other 
cou.ity  of  this  state,  for  relief  furnished  under  the  laws  of  this  state  for  the 
relief  of  the  poor,  to  any  sick  and  infirm  person  having  a  legal  settlement  in 
such  other  county,  where  such  relief  is  furnished  in  the  said  hospital,  and 
in  such  cases  the  charges  of  said  hospital  for  such  relief  shall  constitute  a 
valid  claim  in  favor  of  said  County  of  Ramsey  against  the  county  in  which 
such  person  has  a  legal  settlement,  and  shall  be  allowed  and  paid  by  the 
board  of  county  commissioners  thereof. 

678.  Hospital  patients. — Sec.  11.  Said  directors  may  admit  in  said  hos- 
pital a  limited  number  of  persons  requiring  medical  or  surgical  attention,  upon 
such  terms  and  regulations,  and  for  such  compensation  as  they  may  pre- 
scribe. All  receipts  of  said  hospital  over  and  above  expenses,  shall  be  paid 
into  the  treasury  of  said  County  of  Ramsey,  and  said  county  shall  be  ac- 
countable to  the  City  of  S't.   Paul  for  one-third  thereof. 

679.  City  and  county  physician. — Sec.  12.  The  duties  of  the  city  and 
county  physician  of  the  City  of  St.  Paul  and  Ramsey  county  shall  be  as  fol- 
lows: He  shall  be  physician  and  surgeon  in  charge  and  Superintendent  of 
the  city  and  county  hospital,  and  foundlings'  home;  he  shall  perform  when 
called  upon,  all  medical  and  surgical  work  at  the  city  and  county  jails,  alms 
house  and  smallpox  hospital,  and  shall  examine  all  applicants  for  positions  in 
the  police  department  and  be  obliged  to  examine  and  certify  as  to  the  dis- 
ability of  any  member  of  said  department,  when  application  is  made  by  any 
member,  for  leave  of  absence  on  the  ground,  and  shall  perform  when  called 
upon,  all  medical  and  surgical  services  which  the  city  shall  be  bound  to  fur- 
nish according  to  any  law,  ordinance  or  custom,  to  any  member  of  the  fire 
or  police  department  or  other  branch  of  the  city  government,  or  to  any  per- 
son whatsoever,  and  to  all  pooY  and  indigent  persons  in  said  city  or  county 
requiring  surgical  or  medical  assistance  unable  to  pay  for  the  same,  and 
shall  perform  when  notified,  any  and  all  other  medical  and  surgical  services 
which  either  said  city  or  county  shall  be  under  legal  obligation  to  perform, 
or  cause  to  be  performed. 

Sec.  13.  Said  physician  now  in  the  office  shall  continue  therein  during 
the  term  for  which  he  was  elected  and  until  his  successor  is  duly  appointed 
and  qualified,  and  the  incumbents  of  said  office  hereafter  appointed,  shall  hold 


ALMS  HOUSE  AND  CITY    HOSPITAL.  171 

office  for  the  term  of  four  years  and  until  their  successors  are  appointed  and 
qualified. 

680.  Salaries  of  physician  and  assistants. — Sec.  14.  The  salary  of  said 
city  and  county  physician  shall  he  (hirty-five  hundred  dollars  ($3500)  per  an- 
num, to  be  paid  in  equal  monthly  installments.  Provided,  further,  that  in 
case  it  may  be  necessary  in  the  discharge  of  the  duties  hereinbefore  prescrib- 
ed, the  said  city  and  county  physician  may  employ  one  (l)  or  more  assistants 
at  an  expense  not  to  exceed  the  sum  of  two  thousand  dollars  ($2000)  per 
annum,  to  be  paid  to  them  by  the  officers  whose  duty  it  now  is  to  make  pay- 
ment of  the  salary  of  said  physician,  upon  proper  vouchers  executed  by  them 
therefor,  it  being  the  true  intent  and  spirit  of  this  act  that  neither  said  city 
nor  county  shall  be  liable  for  any  medical  or  surgical  services  performed, 
beyond  the  payment  of  said  salaries  to  said  city  and  county  physician  and 
assistants,  and  provided,  further,  that  in  case  more  than  one  (1)  assistant  is 
appointed  under  this  act,  at  least  one  (l)  of  them  shall  hold  his  office  as 
such  for  a  period  not  longer  than  one  (1)  year. 

681.  Health  officer  of  city. — Sec.  15.  Nothing  in  this  act  shall  be  con- 
strued to  interfere  with  the  rights,  duties  or  compensation  pertaining  to  the 
health  officer  of  the  City  of  St.  Paul. 


172  CHARTER  OF  CITY  OF  ST.  PAUL. 

CHAPTER    XXIII. 

Miscellaneous  and  Supplementary. 

682.  Actions  on  behalf  of  city. — Section  1.  All  actions  brought  to  re- 
cover any  penalty,  or  forfeiture  under  this  charter,  or  the  ordinances,  by- 
laws, or  police,  or  health  regulations  made  in  pursuance  thereof,  shall  be 
brought  in  the  corporate  name  of  the  city. 

683.  Fines,  imprisonment,  etc. — Sec.  2.  In  all  cases  of  the  imposition  of 
any  fine  or  penalty,  or  of  the  rendering  of  any  judgment  by  the  judge  of  the 
municipal  court,  pursuant  to  any  ordinance  or  by-law  of  the  said  City  of  St. 
Paul,  or  pursuant  to  any  provision  of  the  charter  of  said  city,  as  a  punish- 
ment for  any  ofifense,  or  for  the  violation  of  any  by-law  or  ordinance  as 
aforesaid,  the  offender  shall  be  forthwith  committed  to  the  "work  house  of 
said  city"  and  be  there  imprisoned  for  a  term  not  exceeding  three  (3)  months, 
in  the  discretion  of  the  judge  of  the  municipal  court,  unless  the  fine  or  penalty 
aforesaid  be  sooner  paid  or  satisfied,  and  in  all  cases  where  the  punishment 
of  such  offender  shall  be  by  imprisonment,  such  imprisonment  shall  be  in 
the  said  "work  house."  and  from  and  after  the  time  of  arrest  of  any  person 
or  persons,  for  any  offense  whatsoever,  until  the  time  of  the  trial  or  hearing, 
the  person  or  persons  so  arrested  may  be  imprisoned  in  the  common  jail  of 
Ramsey  county,  or  in  the  city  prison,  and  in  all  cases  where  the  said  judge 
of  the  municipal  court  is  or  may  be  authorized  to  commit  any  person  or 
persons  for  any  cause  by  virtue  of  the  provisions  of  the  charter  of  said  city, 
he  may  commit  such  person  or  persons  to  the  said  "work  house." 

684.  Appeals  by  city. — Sec.  3.  The  city  may  prosecute  an  appeal  in  all 
cases  to  the  district  court,  or  to  the  supreme  court  of  the  state.  The  mayor, 
in  case  of  such  appeals,  or  in  any  action  or  proceeding  to  which  the  city  is 
a  party,  and  in  which  a  bond  may  be  necessary,  shall  execute  a  bond,  signed 
by  him  and  the  city  clerk,  who  shall  affix  the  corporate  seal  thereto,  con- 
ditioned as  may  be  necessary  in  such  action,  proceeding  or  appeal,  but  no  sure- 
ties or  justification  shall  be  required  for  said  bond.  Nor  shall  the  city  be  re- 
quired in  any  case  to  file  a  bond  or  give  other  security  for  costs. 

685.  Not  incompetent. — Sec.  4.  No  person  shall  be  an  incompetent  judge, 
justice,  witness  or  jumr,  by  reason  of  his  being  an  inhabitant  of  said  city,  in 
any  proceeding  or  action  in  which  the  city  shall  be  a  party  in  interest. 

686.  State  offenders. — Sec.  5.  The  City  of  St.  Paul  shall  not  be  liable 
in  any  case,  for  the  board  or  jail  fees  of  any  person  who  may  be  committed 
by  any  officer  of  the  city,  or  any  magistrate,  to  the  jail  of  Ramsey  county  for 
any  offense  punishable  under  the  state  laws. 

687.  Process  in  suits  against  city. — Sec.  6.  Whenever  any  suit,  action  or 
proceeding  shall  be  brought  against  the  City  of  St.  Paul,  the  summons  or 
process  shall  be  served  on  the  mayor,  and  it  shall  be  the  duty  of  the  mayor 
to  forthwith  inform  the  corporation  attorney  thereof,  who  shall  take  such 
other  proceedings  as  may  be  needful  to  defend  the  interests  of  the  city,  pro- 
vided that  the  court  in  which  any  complaint  may  be  filed,  or  any  judge  there- 
of, may  in  his  discretion  direct  such  other  or  further  notice  of  the  pendency 
of  such  action,  to  be  given  by  publication  or  otherwise,  as  to  the  court  or 
any  judge  thereof  may  seem  meet  and  proper. 

688.  Conveyances  of  city  real  estate. — Sec.  7.  All  deeds,  leases  and  other 
instruments  executed  by  said  city,  for  the  conveyance  of  real  estate,  or  any 
interest  therein,  for  a  term  not  exceeding  one  (l)  year,  shall  be  authorized 
by  a  resolution  of  the  common  council,  which  shall  be  quoted  or  referred  to 
in  such  instrument,  and  signed  by  the  mayor  and  city  clerk,  who  shall  affix 
the  seal  of  the  city  thereto,  and  shall  be  countersigned  by  the  comptroller. 


MISCELLANEOUS  AND   SUPPLEMENTARY.  173 

689.  Official  publications. — Sec.  8.  The  time  specified  for  the  publica- 
tion of  any  notice  required  to  be  published  in  the  official  paper  of  said  city, 
under  the  city  charter  or  of  any  of  the  provisions  of  the  amendments  thereto, 
shall  commence  with  its  first  publication. 

690.  Notice  of  damage  claims. — Sec.  9.  Before  the  City  of  St.  Paul  shall 
be  liable  to  anj-  person  for  damages  for,  or  on  account  of,  any  injury  or  loss 
alleged  to  have  been  received  or  suffered  by  reason  of  any  defect  in  any 
bridge,  street,  road,  sidewalk,  park,  public  grcnind,  ferry  boat,  or  public  works 
of  any  kind  in  said  city,  or  by  reason  of  any  alleged  negligence  of  any  officer, 
agent,  servant  or  employe  of  said  city,  the  person  so  alleged  to  be  injured,  or 
some  one  in  his  behalf,  shall  give  to  the  common  council  of  said  city,  within 
thirty  (30)  days  after  the  alleged  injury,  notice  thereof;  and  shall  present  his 
or  their  claims  to  compensation  to  the  common  council  in  writing,  stating 
the  time  when,  the  place  where  and  the  circumstances  under  which  such 
alleged  loss  or  injury  occurred,  and  the  amount  of  compensation  or  the 
nature  of  the  relief  demanded  from  the  city,  and  such  body  shall  have  ten 
days'  time  within  which  to  decide  upon  the  course  it  will  pursue  with  relation 
to  such  claim;  and  no  action  shall  be  maintained  until  the  expiration  of  such 
time  on  account  of  such  claim  nor  unless  the  same  shall  be  commenced  within 
one  year  after  the  happening  of  such  alleged  injur'y  or  loss. 

691.  Records,  printed  compilations,  etc.,  as  evidence. — Sec.  10.  Section 
twenty-two  (22)  of  sub-cliaptcr  twelve  (12)  of  chapter  one  (1)  of  the  Special 
Laws  of  the  State  of  ^Minnesota  for  the  year  1S74,  in  the  following  words 
shall  remain  in  full  force,  to-wit: 

The  files,  papers  and  records  in  the  office  of  the  city  clerk,  city  engineer, 
clerk  of  the  board  of  public  works,  or  any  other  officer  of  said  city,  or  copies 
thereof  duly  certified  by  the  officer  having  the  same  in  charge,  proofs  of  pub- 
lication of  all  notices,  resolutions,  orders  or  proceedings  of  the  common 
council  or  board  of  public  works,  required  to  be  published  under  this  act, 
on  file  in  the  proper  office,  or  copies  thereof  certified  by  the  officer  having 
the  same  in  charge,  shall  be  received  and  read  in  evidence  in  all  courts  and 
places  without  further  proof.  All  printed  compilations  of  the  laws  and  ordi- 
nances of  the  city,  and  all  printed  publications  of  the  proceedings  of  the  com- 
mon council  or  of  the  board  of  public  works  or  any  of  the  officers  of  said 
cit3^  if  published  or  purporting  to  be  published,  compiled  or  revised  by  or 
under  the  authority  of  the  said  city,  or  any  of  its  officers,  shall  be  admissible 
in  all  courts  of  law  and  on  all  other  ocasions  in  this  state  as  evidence  of 
such  laws,  ordinances  and  proceedings. 

692.  Record  of  deeds  where  city  is  a  party. — Sec.  11.  Section  0  of  chap- 
ter 92,  of  the  Special  Laws  of  the  State  of  Minnesota  for  the  year  1881,  in 
the  following  words,  shall  remain  in  full  force,  to-wit:  "That  it  is  herebj- 
made  the  duty  of  the  register  of  deeds  of  Ramsey  county  to  record  any  deed 
or  any  other  instrument  in  which  the  grantor  or  grantee  is  the  City  of  St. 
Paul,  without  rec|uiring  the  same  to  be  certified,  'taxes  paid  and  transfer  en- 
tered or  paid  by  sale  of  land  described  within,'  any  general  laws  of  the  state 
to  the  contrary  notwithstanding." 

693.  Court  house  and  city  hall — Joint  committee. — Sec.  12.  That  the  fol- 
lowing portion  of  section  1,  chapter  (■)4  of  the  Special  Laws  of  the  State  of 
Minnesota  for  the  year  1 889,  in  the  following  words  shall  remain  in  full 
force,  to-wit: 

The  said^building  (court  house  and  city  hall)  when  completed,  shall  be  in 
charge  of  a  ioint  committee  of  seven  (7)  to  be  appointed  a.s  follows:  The 
mayor  of  said  City  of  St.  Paul  shall  be  ex-officio  a  member  of  and  the  chair- 
man of  said  committee.  Three  (3)  of  said  committee  shall  be  appointed  an- 
nually' bj'  the  president  of  the  common  council  of  said  city  from  the  members 
of  said  council  and  three  (?>)  shall  be  appointed  annually  by  the  chairman  of 
the  board  of  county  commissioners  from  the  members  of  said  board.  Said 
committee  shall   have  entire   charge  of  said  building  and   shall   have  power  to 


174    ,  ClIARTl-K  Ol'-  CI'J'V  OF  ST.  PAUL. 


appoint  sucli  janitor,  custodian  and  other  employes  as  they  shall  deem  neces- 
sary for  the  proper  care  and  management  of  said  building  and  at  such  com- 
pensation as  said  committee  shall  determine.  The  members  of  said  joint 
committee  shall  each  be  entitled  to  receive  for  their  services  a  compensation 
of  one  hundred  (100)  dollars  per  annum  and  no  more,  which  shall  be  paid  at 
the  expiration  of  each  and  every  quarter  year,  and  together  with  the  expense 
of  keeping  said  building  in  repair  and  the  necessary  expense  of  heating  and 
maintaining  the  same,  shall  he  paid  eciually  by  said  city  and  county;  that  is 
to  say,  one-half  thereof  out  of  the  treasury  of  said  city,  and  one-half  out  of 
the  treasury  of  said  county. 

694.  Plumbing  regulations — Plumbers'  licenses. — Sec.  13.  The  provis- 
ions of  section  thirteen  (13)  of  chapter  forty-eight  (48)  of  Special  Laws  of 
Minnesota  for  the  year  1887,  are  hereby  continued  in  force  until  the  common 
council,  under  the  provisions  of  chapter  fourteen  (14)  of  this  charter,  adopt 
rules  and  regulations  as  a  substitute  therefor.  The  said  law  so  continued  in 
force  is  as  follows: 

No  person  or  persons  shall  carry  on  a  business  of  plumbing,  or  engage  in 
conducting  plumbing  or  house-drainage  until  he  or  they  shall  first  obtain  a 
license  as  such  plumber  from  the  inspector  of  buildings,  and  no  person  shall 
receive  such  license  who  snail  not  furnish  said  building  inspector  with  satis- 
factory evidence  of  his  responsibility  and  skill  to  ply  his  trade  in  accordance 
with  the  rules  and  regulations  of  the  common  council,  the  board  of  water 
commissioners,  the  board  of  health  and  the  inspector  of  buildings  and  the 
ordinances  of  said  city;  and  who  shall  also  have  a  place  of  business  and  reside 
within  the  limits  of  said  city.  And  it  shall  be  the  further  duty  of  every  per- 
son or  persons  making  an  application  for  a  license  to  carry  on  the  business  of 
plumbing,  to  accompany  his  or  their  application  with  a  bond  signed  by  two 
(3)  or  more  sureties,  in  the  sum  of  five  hundred  (500)  dollars,  to  be  approved 
by  the  inspector  of  buildings,  conditioned  that  he  or  they  will  indemnify  and 
save  harmless  the  City  of  St.  Paul  from  all  accident  and  damage  caused  by 
negligence  in  either  the  execution  or  protection  of  his  work,  or  for  unfaith- 
ful or  inadequate  work  done  under  and  by  virtue  of  his  license;  and  that  said 
license,  as  such,  will  also  conform  to  all  the  conditions  and  requirements  of. 
the  city  for  his  or  their  government,  or  in  default  thereof  will  submit  to  such 
penalties  as  are  or  may  be  prescribed  by  the  common  council,  board  of  water 
commissioners,  board  of  health,  or  inspector  of  buildings. 

695.  Inspector  of  buildings  may  suspend  license. — The  inspector  of  build- 
ings shall  have  authority  ,-md  power,  whenever,  in  his  opinion,  any  plumber 
in  doing  any  plumbing  or  house  drainage,  violates  any  rule  or  regulation  of 
the  board  of  health,  board  of  water  commissioners,  common  council  or  in- 
spector of  buildings,  to  suspend  said  license,  and  it  shall  be  the  duty  of  the 
inspector  of  buildings  to  report  his  action  in  the  premises  to  the  mayor  of  the 
city,  who,  together  with  the  city  engineer,  health  officer  and  inspector  of 
buildings,  shall  constitute  a  board  before  whom  the  subject  matter  of  sus- 
pension of  any  and  all  plumbers'  licenses  shall  be  inquired  into,  giving  an 
opportunity  to  the  holder  of  any  suspended  plumber's  license  to  appear  before 
said  board  and  make  such  statement  or  produce  any  proof  which  he  may 
desire  to  introduce  to  aid  him  in  his  defense;  after  which  said  board  shall 
render  such  decision  in  the  case  as  they  may  deem  just,  and  if,  in  the  opin- 
ion of  said  board,  the  charges  are  well  founded,  they  make  revoke  said  license, 
or  may  impose  a  fine  of  not  more  than  one  hundred  (100)  dollars,  upon  pay- 
ment of  which  to  building  inspector,  said  license  shall  be  restored.  All  fines 
received  under  the  provisions  of  this  section  shall  be  paid  into  the  city 
ireaj^ury. 

696.  House  drains  and  cess-pools. — The  inspector  of  buildings  is  hereby 
authorized  and  directed  to  adopt  and  promulgate  suitable  rules  and  regula- 
tions for  the  construction  of  house-drainage  and  cess-pools,  and  to  provide 
for  the  re.gistration  of  master  plumbers  and  persons  engaged  in  the  plumbing 
business   of  the   city;   provided,  that   no   cess-pool   shall   be   permitted   to   drain 


MISCKLLAXKOUS  AND   SUPPLH.MEXTARY.  175 

into  any  sewer/  And  provided  further,  that  nothing  in  this  section  shall  be 
construed  to  applj'  .to  cess-pools  in  existence  within  the  city  limits  at  the 
present  time,  or  their  connection  with  or  drainage  into,  any  sewer. 

Said  inspector  shall  also  establish  a  system  of  inspection  and  supervision 
over  all  house-drainage  and  cess-pools,  and  ventilation  of  the  same,  and 
appoint  such  inspectors  as  in  his  judgment  may  be  necessary,  at  such  com- 
pensation as  maj^  be  approved  bj'  the  commcjn  council.  Any  person  who 
shall  refuse  or  neglect  to  comply  with  all  the  requirements  of  said  rules 
and  regulations  when  promulgated,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  be  sentenced  to  pay  a  fine  of  not  more  than  one  hun- 
dred (100)  dollars,  or  undergo  an  imprisonment  not  exceeding  one  (1)  year, 
or  both,  in  the  discretion  of  the  court.      (Sec.  13,  Ch.  48,  S.  L.  1887.) 

697.  Curative  clause. — Sec.  14.  All  provisions  of  law  now  in  force  and 
which  are  also  contained  in  this  charter  shall  be  regarded  as  being  continued 
in  force,  and  all  provisions  of  law  now  in  force  which  are  changed,  modified 
or  amended  shall  be  regarded  as  continued  in  force  as  so  changed,  modified 
or  amended. 

698.  Tax  settlements,  payments  to  city  by  county  treasurer. — Sec.  15. 
Section  twelve  (12)  of  chapter  ninety-three  (i'oj,  Special  Laws  of  the  State 
of  Minnesota,  for  the  year  one  thousand  eight  hundred  and  eighty-one  (1881, 
as  amended  by  section  seventeen  (17),  chapter  seven  (7),  Special  Laws  of 
the  State  of  Minnesota,  for  the  year  one  thousand  eight  hundred  and  eighty- 
five  (1885),  and  which  section,  as  so  amended,  in  the  words  following,  to-wit: 

"Sec.  12.  That  it  is  hereby  made  the  duty  of  the  treasurer  of  the  county 
of  Ramsey,  in  the  collection  of  taxes,  to  keep  a  set  of  books,  so  as  to  show 
at  all  times  the  exact  amount  of  money  received  or  collected  for  the  City  of 
St.  Paul,  and  for  the  board  of  education  of  the  City  of  St.  Paul,  and  that  all 
taxes  received  by  said  county  treasurer  for  the  City  of  St.  Paul,  and  for  the 
board  of  education  of  the  City  of  St.  Paul,  shall  be  distributed  as  collected 
on  the  books  of  said  county  treasurer  to  the  credit  of  said  City  of  St.  Paul, 
and  the  board  of  education  of  the  City  of  St.  Paul,  and  fifty  (50)  per  cent  of 
the  penalties  received  by  the  county  treasurer  for  delinquent  taxes  shall  be- 
long to  and  shall  be  paid  to  the  treasurer  of  the  City  of  St.  Paul  for  the  use 
of  said  cit}^  by  said  county  treasurer,  and  the  said  county  treasurer  shall, 
on  the  first  day  of  each  and  every  month,  or  as  soon  thereafter  as  the  same 
may  be  demanded,  pay  over  to  the  city  treasurer,  of  the  City  of  St.  Paul  all 
moneys  and  penalties  collected  the  previous  month  for  said  city,  as  well  as 
all  moneys  collected  for  the  board  of  education  of  said  city  as  shown  by  the 
county  treasurer's  book  or  books." 

"And  it  is  hereby  made  the  duty  of  the  county  auditor  on  the  first  week  day 
of  each  and  every  month,  or  as  soon  thereafter  as  the  same  may  be  demanded, 
to  draw  his  warrant  upon  the  county  treasurer  in  favor  of  the  city  treasurer 
for  all  money  in  the  county  treastiry  belonging  to  the  City  of  St.  Paul  and 
the  board  of  education  of  the  City  of  St.  Paul,  as  near  as  the  same  can  be 
ascertained  from  the  books  of  the  cotinty  treasurer,  shall  remain  in  force." 

699.  Officers  holding  when  charter  is  adopted. — Sec.  16.  Nothing  in  this 
charter  shall  be  cimslrued  to  sui)crsede  any  oflicer  or  officers  of  said  city,  now 
acting  by  virtue  of  the  law.i  under  which  said  city  is  incorporated,  and  an3'- 
such  officer  or  officers  shall  continue  in  office  as  heretofore  until  his  or  their 
term  of  office  shall  expire,  except  as  otherwise  expressly  provi<led  for  in  this 
charter. 

700.  City  engineer. — Sec.  17.  Whenever  any  rights,  powers  or  duties  are 
impf)sed  upon  ur  vested  in  the  city  engineer  by  virtue  of  this  charter  or  any 
law  continued  in  force  herein,  such  rights,  powers  and  duties  shall  be  vested 
in  and  performed  by  the  commissioner  of  public  works. 

The  foregoing  is  a  draft  of  the  proposed  charter  of  the  City  of  St.  Paul, 
made,  framed  and  adopted  by  the  Commission  appointed  by  the  District 
Court  of  the  Second  Judicial  District  of  the  State  of  iNIinnesota,  under  and 
pursuant    to   Section   :ii),   .\rticle    IV.   of   the   Constitutii)n   of  the   State   of   Min- 


17G  CHARTER  OF  CITY  OF  ST.  PAUL. 

nesota,  as  amended  by  that  certain  amendment  proposed  by  the  Legislature 
of  the'State  of  Minnesota  in  an  act  of  said  Legislature  known  as  Chapter  280 
of  the  General  Laws  of  Minnesota,  for  1897,  and  duly  adopted  at  the  general 
election  of  said  State  held  in  the  year  1898,  and  Chapter  351  of  the  General 
Laws  of  the  State  of  Minnesota,  for  the  year  one  thousand  eight  hundred 
and  ninety-nine;  and  said  draft  of  said  proposed  Charter  of  the  City  of  St. 
Paul  is  hereby  returned  to  the  Honorable  Andrew  R.  Kiefer,  Mayor  of  said 
City  of  St.  Paul,  according  to  law,  signed  by  the  undersigned  majority  of 
said  Commission.  ,     •       ,        ,      i 

Dated  this  14th  day  of  April,  A.  D.  one  thousand  nine  hundred. 

CHAS.    E.    FLANDRAU, 

President. 

CARL  TAYLOR, 

Secretary. 

AMBROSE  TIGHE, 

H.  C.  M'NAIR. 

H.  W.  CHILDS. 

G.   H.   BRIDGMAN. 

NORMAN  FETTER. 

FRED  C.  NELSON. 

E.  O.  ZIMMERMAN. 

CHESTER  R.  SMITH. 

FRANK  B.  DORAN, 

ARMAND  ALBRECHT. 

LEWIS  L.  MAY. 


AMENDMENTS'.  177 


AMENDMENTS. 


At  the  general  election  held  November  8,  1904,  the  following  amendments 
(which  are  incorporated  in  the  text  of  this  publication)  were  submitted  to  the 
voters  by  the  charter  commission  and  adopted  and  ratified: 

That  subdivision  4  of  section  4  of  title  II.,  chapter  V.  of  said  charter  be 
amended  so  as  to  read  as  follows: 

"To  provide  for  the  support  and  maintenance  of  the  fire  department  of  the 
city.  The  total  expense  of  the  administration  of  said  department,  including 
all  expenditures  for  lands,  buildings,  rents,  stores,  fuel,  horses,  apparatus  and 
appliances  of  every  description,  salaries,  wages  and  all  other  outlay,  whether 
of  a  temporary  or  permanent  nature,  shall  not  in  any  year  exceed  the  sum  of 
two  hundred  and  forty-five  thousand  dollars,  in  addition  to  any  unexpended 
balance  remaining  in  said  fire  department  fund  from  the  preceding  year." 

That  subdivision  5  of  section  4  of  title  II,  of  chapter  V.  of  said  charter  be 
amended  so  as  to  read  as  follows: 

"To  provide  for  the  support  and  maintenance  of  the  police  department  of 
the  city.  The  total  expense  of  the  administration  of  the  police  department, 
including  compensation  of  pound  masters,  and  all  expenditures  for  land«- 
buildings,  rents,  stores,  fuel,  horses,  apparatus  and  appliances  of  all  kinds, 
salaries,  wages  and  all  other  outlay,  whether  of  a  permanent  or  temporary  na- 
ture, shall  not.  in  any  year,  exceed  the  sum  of  two  hundred  and  fourteen 
thousand  dollars,  in  addition  to  any  unexpended  balance  remaining  in  said 
police  department  fund  from  the  preceding  year." 

That  subdivision  21  of  section  4,  title  II.  of  Chapter  V.  of  said  charter 
be  amended  so  as  to  read  as  follows: 

"To  provide  for  the  maintenance  and  improvement  of  public  parks,  park- 
ways, drives  and  other  grounds  under  the  jurisdiction  of  the  board  of  park 
commissioners,  not  exceeding  in  any  one  year  the  sum  of  ninety  thousand  dol- 
lars, in  addition  to  any  unexpended  balance  remaining  in  said  fund  at  the  end 
of  each  fiscal  year,  and  in  addition  to  all  moneys  received  by  said  board 
from  donations  or  from  the  lease  or  operation  of  privileges,  or  other  sources 
incident  to  the  maintenance  and  management  of  the  public  parks." 

That  subdivision  15  of  section  4  of  title  II,  chapter  V.  of  said  charter  be 
amended  so  as  to  read  as  follows: 

"To  provide  for  cleaning  and  repairing  streets,  sewers,  sidewalks  and 
crosswalks.  The  total  amount  of  expenditure  in  any  one  year  for  all  of  said 
purposes,  other  than  that  paid  by  special  assessment,  shall  not  exceed  the 
sum  of  two  hundred  thousand  dollars,  in  addition  to  any  unexpected  balance 
remaining  in  said  street   and   sewer  fund  from  the  preceding  year." 

That  section  23  of  title  II.  of  chapter  V.  of  said  charter  be  amended  so  as 
to  read  as  follows: 

"Section  23.  To  provide  for  the  support'  of  the  health  department  of  said 
city,  not  exceeding,  however,  in  any  one  year,  the  sum  of  twelve  thousand 
dollars,  in  addition  to  any  unexpended  balance  remaining  in  the  health  de- 
])artment  fund  from  the  preceding  year;  except  that  in  case  of  invasion  or 
threatened  invasion  of  the  city  by  dangerous  epidemic,  the  common  council 
may,  by  ordinance  to  be  passed  by  at  least  three-fourths  of  all  the  members- 
elect  of  each  body,  authorize  additional  expenditure  to  be  made  from  the 
general  fund,  as  the  same  is  herein  provided  for.  The  commissioner  of 
health  shall  appoint  an  assistant  commissioner  of  health,  who  shall  be  a  phy- 
sician in  regular  practice,  and  such  number  of  inspectors  as  may  be  necessary, 
and  shall  C\x  the  salary  and  cnm])ensation  of  said  assistant  and  inspectors,  pro- 
vided always  that  the  lutal  ex])cnditures  of  said  department  during  any  year 
shall  not  exceed  the  ai)pr()i)riali()n  therefor  as  above  provided.     .\ny  other  re- 


178  CIIARTRR  (_)!•  CITY  OF  ST.  PAUL. 

quircments  fif  the  charter  in  conflict  with  the  foregoing  provisions  are  hereby 
repealed. 

The  provision  contained  in  section  3,  title  2  of  chapter  6  of  said  charter, 
imposing  upon  the  commissioner  of  public  works  the  duty  of  collecting  and 
disposing  of  garbage  and  other  waste  matter  is  hereby  repealed,  and  hereafter 
the  duty  of  collecting  and  disposing  of  garbage,  dead  animals  and  other  waste 
matter,  except  stable  refuse  and  night  soil,  is  hereby  imposed  upon  the  de- 
partment of  health,  and  such  work  shall  be  done  under  the  direction  and  su- 
pervision of  the  commissioner  of  health,  and  a  fund  shall  be  provided  there- 
for by  taxation,  to  be  known  as  the  'Garbage  Fund,'  which  shall  not  exceed 
in  any  one  year  the  sum  of  twenty-five  thousand  dollars,  in  addition  to  any 
unexpended  balance  remaining  in  said  fund  from  the  preceding  year,  and  in 
addition  to  all  moneys  received  from  the  sale  and  disposal  of  garbage,  dead 
animals  and  other  refuse  matter,  which  receipts  shall  be  credited  to  said  fund. 

The  commissioner  of  health,  within  the  limit  of  such  appropriation,  shall 
have  power  to  employ  such  help  and  assistants  as  may  be  necessary  to  enable 
him  to  discharge  the  duties  hereby  imposed,  and  shall,  with  the  approval  of 
the  common  council,  fix  the  compensation  of  all  employes,  outside  of  the 
health  department  proper,  who  are  engaged  in  the  collection  and  disposal  of 
garbage,  dead  animals  and  other  waste  matter." 

That  section  10  of  Chapter  IV.  of  said  charter  be  amended  by  adding  at 
the  end  thereof  the  following  subdivision: 

Sixty-fourth — -To  provide  and  maintain  public  play  grounds  and  places  of 
recreation  for  children,  and  to  levy  the  necessary  tax  to  acquire  and  support 
the  same  not  exceeding  in  any  one  year  the  sum  of  ten  thousand  dollars." 

The  charter  commission  submitting  the  amendments  were: 

JAMES  E.  MARKHAM, 

President. 

EDWARD  J.  CANNON, 

Secretary. 

CHARLES'  W.  GORDON. 
JAMES   D.   ARMSTRONG. 
EDWARD  P.  SANBORN. 
HENRY    VON    DER    WEYER, 
JAMES  C.  MICHAEL. 
EBEN  C.  IVES. 
H.  E.  W.  SCHUETTE. 
JOHN  BLOMQUIST. 
H.  C.  McNAIR. 
F.  B.  DORAN. 
WILLIAM   B.   WEBSTER. 
F.  M.  CATLIN. 
F.  W^  ZOLLMAN. 

At  the  General  Election  held  November  8.  1910,  the  following  amendment 
(which  is  incorporated  in  this  publication)  was  submitted  to  the  voters  by  the 
Charter  Commission,  and  adopted  and  ratified: 


AMENDMENTS.  179 


AMENDMENT  NO.  ]. 

Amend  Section  11  of  Cliaptcr  III  of  the  Charter  of  the  City  of  St.  Paul 
so  as  to  read  as  follows: 

"Sec.  11.  On  the  second  Thursday  in  November  of  each  year  and  up  to 
three  o'clock  in  the  afternoon  of  said  day,  the  City  Clerk  shall  receive  at  his 
office  sealed  bids  for  the  printing  and  publishing  during  the  year  beginning 
January  1st  next  following,  in  a  daily  or  weekly  newspaper  printed  and  pub- 
lished in  the  English  language  in  the  City  of  St.  Paul,  qualified  under  the  laws 
of  the  State  of  Minnesota  to  publish  legal  advertisements  and  specified  in  the 
bid,  all  ordinances,  resolution.s  and  other  proceedings  and  matters  required 
under  this  charter  or  the  by-laws,  resolutions  or  ordinances  of  the  Common 
Council  to  be  published  in  a  public  newspaper.  Said  bids  shall  be  opened  by 
the  Common  Council  acting  in  joint  session,  and  said  Common  Council  in 
joint  session  shall  on  or  before  said  January  1st  accept  the  bid  of  the  lowest 
reliable  and  responsible  bidder  and  designate  the  said  newspaper  specified 
therein  as  aforesaid  as  the  ol'ficial  newspaper  of  said  City  in  which  shall  be 
made  for  said  3'ear  all  such  publications,  and  said  newspaper  shall  for  said 
year  be  the  official  newspaper  of  said  City  and  until  its  successor  shall  be 
designated. 

At  least  ten  days  before  the  time  fixed  for  receiving  said  bids,  said  Clerk 
shall  give  notice  in  the  official  paper  of  said  City  of  the  time,  place  and  pur- 
pose for  which  said  bids  will  be  received,  and  in  said  notice  shall  reserve  to 
the  Common  Council  the  right  to  reject  any  and  all  bids,  and  in  case  said 
Common  Council  shall  reject  such  bids,  the  City  Clerk  shall  forthwith  re- 
advertise  for  bids  in  the  manner  aforesaid. 

The  successful  bidder  shall  forthwith  enter  into  a  contract  with  the  City 
for  doing  said  printing  and  publishing,  and  shall  at  the  same  time  give  a 
bond  in  the  penal  sum  of  Ten  Thousand  Dollars  ($10,000)  with  some  respon- 
sible surety  company  authorized  to  do  business  in  the  State  of  Minnesota,  as 
surety    thereon,    to    insure    the    fulfillment    of    said    contract. 

Hereafter  it  shall  not  be  necessary  to  publish  the  first  or  preliminary  order 
for  the  making  of  anj^  public  improvement,  or  resolutions  authorizing  the  pay- 
ment of  salaries,  department  pay-rolls,  or  estimates  under  contracts  with 
the  City.  The  annual  reports  of  all  boards  and  departments  of  the  city  gov- 
ernment, other  than  the  Assembly  and  Board  of  Aldemen,  shall  be  a  sufficient 
publication  of  the   minutes  of  their  proceedings. 

Proposals  for  maing  public  improvements,  for  which  an  assessment  is 
to  be  made,  shall  be  received  by  the  Board  of  Public  Works  upon  at  least  ten 
(10)  days'  notice  given  by  two  publications  \n  the  official  newspaper,  and 
said  time  shall  begin  to  run  with  the  first  publication,  and  this  shall  constitute 
a  lawful  and  sufficient  notice,  anything  now  in  said  charter  to  the  contrary 
notwithstanding."  » 

The  Charter  Commission  submitting  the  amendment  were: 

FREDERICK  M.  CATLIN, 

President. 
JOS.  J.   ERMATINGER, 

Secretary. 
FRANK  B.  DORAN. 
JAMES  C.   MICHAEL. 
H.  VON  DER  WEYER. 
H.   C.   McNAIR. 
WM.   B.  WEBSTER. 
THEODORE  G.  WALTHER. 
WILLIAM  G.  WHITE. 

(P.  P.  Oct.  3  to  Nov.  1,  1910,  Inc.) 

At  the  City  Election  held  ^Nfay  T),  1908.  the  following  amendment  (which  is 
incorporated  in  this  publif'ition)  was  snlmiittcd  to  the  voters  by  the  Charter 
Commission,  and  adopted  and  ratified: 


180  CHARTER  OF  CITY  OF  ST.  PAUL. 


AMENDMENT  NO.  1. 

Amend  subdivision  one  (I)  of  Title  six  (6)  of  Chapter  VI.,  so  as  to  read 
as  follows: 

"Section  1.  The  Common  Council  shall  have  the  power  to  sprinkle  and 
cause  to  be  sprinkled,  in  such  manner  and  to  such  extent  as  it  may  direct,  the 
streets,  alleys,  parks,  parkways  and  public  grounds  of  said  city,  or  any  part 
thereof,  without  reference  to  or  report  from  the  Board  of  Public  Works. 
It  shall  be  the  duty  of  the  Commissioner  of  Public  Works  each  year  to  em- 
ploy the  necessary  men  and  teams  therfor,  and  by  use  of  the  city  sprinkling 
plan,  to  sprinkle  such  portions  of  the  streets,  alleys,  parks,  parkways  and 
public  grounds  of  the  city,  and  for  such  length  of  time  as  the  Common 
Council  may,  by  resolution,  order  and  direct,  within  the  limits  of  the  fund 
applicable  thereto,  and  he  shall  cause  such  work  to  be  properly  inspected  as  it 
progresses. 

"Said  Ccmimissioner  shall  keep  an  accurate  account  of  the  actual  cost  of 
doing  all  such  sprinkling,  and  the  amount  thereof,  as  nearly  as  the  same  can 
be  ascertained,  together  with  the  cost  of  inspection  and  of  malting  and  collect- 
ing the  assessment,  shall  be,  each  year,  assessed  upon  and  against  the  real 
estate  or  lots  of  land  fronting  on  said  improvement,  without  regard  to  cash 
valuation  thereof,  or  whether  the  same  shall  be  improved  or  otherwise. 

"In  making  said  assessment  the  said  cost  and  expense  shall  be  appor- 
tioned pro  rata  in  accordance  with  the  length  of  time  such  sprinkling  has 
been  or  is  to  be  done,  each  year,  upon  the  lineal  feet  of  said  real  estate  or 
lots  of  land  fronting  on  said  improvement,  and  when  so  assessed,  as  herein- 
after provided,  the  same  shall  constitute  and  be  a  lien  upon  and  against  the 
land  so  assessed  until  the  same  is  paid. 

"The  said  Commissioner  of  Public  Works  shall,  on  or  before  the  loth 
of  October,  in  each  year,  accurately  compute,  upon  the  basis  above  provided 
for,  the  amount  of  such  assessment  against  each  piece  or  parcel  of  land  so 
assessable  for  said  improvement  for  the  current  year,  and  set  such  amount 
opposite  the  description  thereof. 

"Said  Commissioner  shall,  not  later  than  October  15  of  each  year,  certify 
and  deliver  to  the  Auditor  of  Ramsey  County,  Minnesota,  a  complete  list  of 
said  descriptions   and  amounts  so  computed  as   aforesaid. 

"Said  Auditor  shall  thereupon  extend  the  respective  amounts  as  shown 
in  said  certified  list  in  the  proper  columns  in  the  general  tax  records  of  said 
county,  against  the  respective  pieces  or  parcels  of  land  indicated  in  said  list 
so  certified  by  said  commissioner,  and  such  amounts  shall  be  included  and 
collected  with  the  general  taxes  against  the  property  the  next  succeeding  year, 
in  the  same  manner  as  such  general  taxes  are  collected  and  enforced,  and 
the  laws  of  this  state  relating  to  the  collection  and  enforcement  of  general 
taxes  shall  be  applicable  thereto,  provided  that  exemption  from  general  taxa- 
tion shall  not  relieve  any  property  from  liability  for  the  assessments  herein  au- 
thorized. Such  assessments,  together  with  all  penalties  and  interest  thereon, 
when  collected,  shall  be  paid  over  by  the  Treasurer  of  Ramsey  County  to  the 
Treasurer  of  the  City  of  St.  Paul,  and  shall  be  placed  by  him  to  the  credit 
of  the  Sprinkling  Fund. 

"The  Common  Council  may.  for  the  purpose  of  making  provision  for  pay- 
ment of  the  cost  of  such  sprinkling,  until  such  time  as  the  assessments  therefor 
can  be  collected  include  in  the  general  tax  levy  not  exceeding  sixty  thousand 
dollars  ($fiO.O00)  for  the  year  1909,  and  not  exceeding  forty  thousand  dollars 
($40,000)  for  the  year  1910;  not  exceeding  ten  thousand  dollars  ($10,000)  from 
these  amounts  may  be  used  for  enlargement  of  the  city  sprinkling  plant  if 
the  Common  Council  shall  deem  it  necessary. 

"The  levying  and  collection  of  such  taxes  shall  in  no  way  prevent  the 
making  and  collection  of  the  assessments  for  sprinkling  herein  provided  for. 
but  the  amount  so  derived  from  general  taxation,  except  as  above  provided, 
together  with   the   proceeds   of   such   assessment,   when   collected,   shall   be   set 


AMENDMENTS.  181 

aside  in  tlic  City  Treasurj'  and  be  preserved  as  a  fund  from  which  the  current 
cost  of  such  sprinkling  may  be  paid  in  advance  of  the  collection  of  the  annual 
assessments  therefor. 

"The  Commissioner  of  Public  Works  may,  with  the  approval  of  the  Com- ^ 
men   Council,  employ  such   clerical  assistance  as   shall  be  necessary  to   enable 
him  to  prepare  said  assessment   roll   for   delivery  to  the   County   Auditor,  the 
expense   thereof  to  be   paid   from  the   Sprinkling   Fund. 

"The  power  conferred  under  subdivision  two  (2)  of  this  title  shall  not  be 
exercised  unless  the  Common  Council  shall  by  a  two-thirds  vote  of  each  body, 
decide  to  proceed  thereunder." 

The   Charter  Commission  submitting  the  amendment   were: 

F.   M.  CATLTN, 

President. 

JOS'.    J.    ERM.^TINGER, 

Secretary. 

T.  G.  W AETHER. 

F.  B.  DORAN. 

H.  VON  DER  WEYER. 

JAMES  C.  MICHAEL. 

H.  C.  McNAIR. 

F.  W.  ZOLLMAN. 

JAMES  D.  ARMSTRONG. 

At  the  General  Election  held  November  6th,  1906,  the  following  amend- 
ments (which  are  incorporated  in  this  publication)  was  submitted  to  the 
voters  by  the  Charter  Commission,  and  adopted  and  ratified: 


182  CHARTER  OF  CITY  OF  ST.  PAUL. 


AMEXDiMENT  NO.  1. 

To  amend  section  three  of  chapter  one  of  said  charter  so  as  to  read  as 
follows: 

"Sec.  3.  The  said  City  of  Saint  Paul  shall  be  and  is  hereby  divided  into 
twelve  (12)  wards,  to  be  called  the  First  (1st),  Second  (2),  Third  (3rd),  Fourth 
(4th),  Fifth  (5th),  Sixth  (6th),  Seventh  (7th),  Eighth  (8th),  Ninth  (9th), 
Tenth  (10th),  Eleventh  (11th)  and  Twelfth  (12th)  wards,  respectively,  limited 
and  bounded  as  follows: 

All  that  portion  of  said  city  lying  to  the  eastward  of  the  S't.  Paul  &  Du- 
luth  railroad  track,  from  the  northern  boundary  of  the  city  to  the  intersection 
of  said  track  with  Brook  street,  and  east  of  the  center  line  of  Brook  street, 
and  Brook  street  extended  from  such  point  of  intersection  to  the  Mississippi 
river,  and  east  of  the  Mississippi  river  from  said  Brook  street  produced  to 
the  south  boundary  line  of  the  city,  shall  be  the  Second  (2nd)  ward. 

All  that  portion  of  said  city  lying  south  of  the  center  line  of  the  Missis- 
sippi river  shall  be  the  Sixth  (6th)  ward. 

The  Twelfth  (12th)  ward  shall  be  bounded  as  follows:  Commencing  at 
the  northeast  corner  of  section  numbered  twenty-two  (22),  in  township  num- 
bered twenty-nine  (29),  range  twenty-three  (23);  thence  running  south  to 
the  center  line  of  Carroll  street;  thence  east  on  the  center  line  of  Carroll 
street  to  the  center  line  of  Dale  street;  thence  north  on  the  center  line  of 
Dale  street  to  the  northerly  boundary  line  of  said  city;  thence  west  on  the 
northerly  boundary  line  of  the  city  to  the  place  of  beginning. 

The  Eighth  (8th)  ward  shall  be  bounded  as  follows:  Commencing  where 
the  center  line  of  Dale  street  intersects  the  north  boundary  line  of  the  city; 
tb.ence  southerly  along  the  center  line  of  Dale  street  to  the  center  line  of 
Carroll  street;  thence  east  along  the  center  line  of  Carroll  street  to  the  center 
line  of  Farrington  avenue;  thence  south  on  the  center  line  of  Farrington 
avenue  to  the  center  line  of  Marshall  avenue;  thence  east  on  tRe  center  line 
■of  Marshall  avenue  to  the  center  line  of  Louis  street;  thence  south  on  the 
center  line  of  Louis  street  to  the  center  line  of  Nelson  avenue;  thence  east 
on  the  center  line  of  Nelson  avenue  to  the  center  line  of  Summit  avenue; 
thence  northeasterly  on  the  center  line  of  Summit  avenue  to  the  center  line 
of  Rice  street;  thence  northerly  along  the  center  line  of  Rice  street  to  the 
northern  boundary  of  the  city;  thence  west  along  the  northern  boundary  line 
of  th'e  city  to  the  place  of  beginning. 

The  Seventh  (7th)  ward  shall  be  bounded  as  follows:  Commencing  at  a 
point  of  intersection  of  center  line  of  West  Third  street  with  center  line_  of 
College  avenue;  thence  southwesterly  through  the  center  of  Blocks  numbered, 
respectfvely.  Sixty-four  (64)  and  Seventy  (70)  of  Dayton  and  Irvine's  Addition 
to  the  center  line  of  Irvine  avenue  at  its  point  of  intersection  with  center  line 
of  Walnut  street;  thence  southwesterly  along  center  line  of  Irvine  avenue 
to  the  center  line  of  Western  avenue;  thence  south  along  the  center  line  of 
Western  avenue  to  center  line  of  Pleasant  avenue;  thence  southwesterly  along 
center  line  of  Pleasant  to  the  center  line  of  St.  Clair  street;  thence  west 
along  the  center  line  of  S't.  Clair  street  and  St.  Clair  street  extended,  in  a 
straight  line  to  the  southwest  corner  of  the  Southwest  Quarter  (^4)  of  Section 
Three  (3),  in  Township  numbered  Twenty-eight  (28),  Range  Twenty-three 
(23);  thence  north  in  a  straight  line  to  the  center  line  of  Marshall  avenue; 
thence  easterly  along  center  line  of  Marshall  avenue  to  center  line  of  Lexing- 
ton avenue;  thence  north  along  center  line  of  Lexington  avenue  to  center 
line  of  Carroll  street;  thence  easterly  along  southern  boundaries  of  the  Twelfth 
(12th)  ward  and  of  the  Eighth  (8th)  ward,  as  herein  described,  to  center  line 
of  Summit  avenue;  thence  southwesterly  along  center  line  of  Summit  avenue 
to  center  line  of  West  Third  street;  thence  southeasterly  along  center  line 
of  West  Third  street  to  place  of  beginnin.g. 

The  Fifth  (5th)  ward  shall  be  bounded  on  the  east  by  the  following  line: 
Commencing  at  the  intersection  of  the  center  line  of  West  Third  street  with 


AMENDMENTS. 


center    line 
southeasterly 


the  center  line  of  College  avenue;  thence  southeasterly  alon 
of  West  Third  street  with  the  center  line  of  Eagle  street;  thence  suuLncasLciiy 
along  center  line  of  Eagle  street  to  the  Mississippi  riyer;  on  the  north  by 
the  Seventh  (.7th)  w^ard;  on  the  south  by  the  Mississippi  river;  and  on  the 
west  by  a  line  commencing  at  the  southwest  corner  of  Seventh  (7th)  ward, 
as  herein  described,  and  running  thence  south  to  the  Mississippi  river. 

The  Ninth  (,9th)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
northern  boundary  of  the  city;  on  the  east  by  the  center  line  of  Mississippi 
street  and  Alississippi  street  extended  in  a  straight  line  to  the  northern  bound- 
ary of  the  city;  on  the  west  by  the  center  line  of  Rice  street,  and  on  the 
south  by  a  line  which  commences  at  a  point  of  intersection  of  center  line 
of  Rice  street,  with  center  line  of  Summit  avenue,  and  runs  thence  northeast- 
erly along  said  center  line  of  Summit  avenue  to  the  center  line  of  Wabasha 
street  thence  northwesterly  along  center  line  of  Wabasha  street  to  center 
line  of  East  Summit  avenue;  thence  northeasterly  along  said  center  line  of 
East  Summit  avenue  to  center  line  of  Robert  street;  thence  northwesterly 
along  said  center  line  of  Robert  street  to  center  line  of  Thirteenth  (13th) 
street;  thence  northeasterly  along  said  center  line  of  Thirteenth  street  to  center 
line  of  Jackson  street  thence  southeasterly  along  said  center  line  of  Jackson 
street  to  center  line  of  Grove  street;  thence  easterly  along  said  center  line  of 
Grove  street  to  its  point  of  intersection  with  the  center  lines  of  Broadway 
and  Mississippi  streets. 

The  Pourth  (4th)  ward  shall  be  bounded  as  follows;  On  the  east  by  the 
center  line  of  Jackson  street,  on  the  north  by  the  Eighth  (8th)  and  Ninth  (9th) 
wards,  on  the  west  by  the  Seventh  (7th)  and  Fifth  (5th)  wards  and  on  the 
south  by  the  Mississippi  river. 

The  First  (1st)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
northern  boundary  of  the  city,  on  the  east  by  the  Second  (2d)  ward,  on  the 
west  by  the  Ninth  (9th)  ward,  and  on  the  south  by  the  center  line  of  Grove 
street. 

The  Third  (3d)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
First  (is)  ward  and  Ninth  (9th)  ward,  on  the  east  by  the  Second  (2d)  ward, 
on  the  south  by  the  Mississippi  river,  and  on  the  west  by  the  center  line  of 
Jackson  street. 

The  Tenth  (lOth)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Twelfth  ward  as  herein  described  and  north  of  the  center 
line  of  University  avenue. 

•The  Eleventh  (11th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Fifth  (5th),  Seventh  (7th)  and  Twelfth  (12th)  wards,  as 
herein  described  and  south  of  the  center  line  of  University  avenue. 

The  Common  Council  shall  not  have  authority  to  change  the  boundary 
lines  of  said  wards." 


184  CHARTER  OF  CITY  OF  ST.  PAUL. 


AMENDMENT  NO.  9. 

To  amend  chapter  IX.  of  the  Charter  of  St.  Paul  by  adding  at  the  end 
thereof  the  following  new  section,  viz: 

"Section  34.  The  Common  Council  of  the  city  of  St.  Paul  shall  have  the 
power,  upon  request  of  the  Board  of  Water  Commissioners,  without  first  sub- 
mitt'ng  the  question  to  the  voters  of  the  city,  to  issue  and  sell  not  exceeding 
five  hundred  thousand  dollars  ($500,000)  par  value  in  and  of  the  bonds  of  said 
city,  for  the  purpose  of,  and  the  proceeds  thereof  to  be  used  solely  for  extend- 
ing, enlarging  and  improving  the  public  water  plant  and  water  works  system 
owned  and  operated  by  said  city,  provided  that  not  more  than  one  hundred 
fifty  thousand  dollars  ($150,000)  par  value  of  said  bonds  shall  be  issued  in  any 
one  calendar  year. 

Said  bonds  shall  be  in  form  to  be  prescribed  by  the  common  council  and 
shall  bear  interest  at  a  rate  not  exceeding  four  per  cent  per  annum,  and  shall 
be  payable  in  not  to  exceed  thirty  years  after  their  date.  Said  bonds  may  be 
so  issued  and  sold  notwithstanding  any  provisions  of  law  placing  any  maximum 
limit  upon  the  bonded  indebtedness  of  said  city. 

When  said  bonds  or  any  of  them  are  issued  and  sold  it  shall  be  the  duty 
of  the  Board  of  Water  Commissioners  to  make  suitable  provision  from  the  rev- 
enues of  said  water  plant  for  the  prompt  payment  of  all  current  interest  on 
said  bonds  as  the  same  accrues,  and  for  the  redemption  of  said  bonds  at  their 
maturity." 

The  Charter  Commission  submitting  the  amendments  were: 

JAMES  E.   MARKHAM, 

President. 

JOS.  J.  ERMATINGER, 

Secretary. 

W.  B.  WEBSTER. 
H.  C.  McNAIR, 
E.   C.   IVES. 
A.  W.  WHITNEY. 
JAMES  D.  ARMSTRONG. 
J.    P.    GRIBBEN. 
FREDERICK   M.   CATLIN. 
H.  VON  DER  WEYER. 
JAMES  C.  MICHAEL. 
•      •  F.   W.    ZOLLMAN. 

FRANK   B.   DORAN. 
EDWARD  P.  SANBORN. 
CHARLES  W.  GORDON. 


INDEX. 


AMEXDMEXTS PaR<.'>    17r-17h-17!J-180-lS]-lS:MS:!-184;    15-7-S7-10S 


Section.  Page. 

ABATEMEXT  OF  TAXES,  li.nv  secured 582  148 

ACTING    MAYOR 44  16 

ACTIONS  AGAINST   CITY,  proce,s.s (587  172 

Notice  of  damage  claim.s 690  173 

ACTIONS   ON   BEHALF   OF   CITY 682  172 

ADVERSE  POSSESSION,  as  affecting  city  property 307  77 

ALDERMEX,    election    of 8  10 

(See  Conimon  Council.) 

ALMS  HOUSE— 

Board  of  control   to  have   charge 676  170 

Cost  shared   by  city  and  county 669  169 

Poor   farm,   title   to 673  169 

Relief  to   non-residents,   rates   for 677  170 

ANNUAL    FUNDS,    named 167  35 

Account   with   each,   how   kept 159  33 

Board  of  control  fund P.     8  167  36 

Board   of  public   works   fund P.    13  167  37 

Bridge   building  and   repair   fund P.    16  167  37 

Commissioner  of  puldic  works  fund P.   12  167  37 

Contingent    fund P.    22  167  38 

Court  house  and  city  hall  fund P.   10  167  37 

Departments   limited   tcj.   penalty 166  35 

Fire    department    fund P.      4  167  35 

Garbage   fund P.   23  167  38 

General    fund P.    22  167 

Health  department  fund P.   23  167 

Interest    fund P.      1  11)7 

Judgment   fund P.    17  1  (■)7 

Library    fund P.    20  1(57 

Lighting    fund P.      6  1 67 

Municipal  court  fund P.    19  167 

Parks   and  parkways   fund P.   21  167  38 

Police    department    fund P.      5  167  36 

Printing  and  stationery    fund P.    18  167  37 

Redemption    fund P.      3  167  35 

Salary    fund P.    14  167  37 

School    fund P.      9  167  36 

Sinking   fund P.      2  167  35 

Sprinkling   fund P.    24  167  38 

Street  and  sewer  fund P.    15  167  37 

Water   fund P.      7  Ku  36 

Workhouse    fund P.    11  167  37 

ANNUAL  REPORTS,  of  city  oftlcials  and  boards 568  145 

APPEALS,    by    the    city 684  172 

Condemnalion  of   real   estate,  relating  to 250  61 

Id.,   affect    only   i)roi)crty   of  ;ippellants 262  65 


186  INDEX. 

Section.     Page. 

APPROPRIATIONS,  two-thirds  vote  council  to  pass 45  16 

Requests   for  must  be   itemized 163  34 

ASSEMBLYMEN,    election    of 8  10 

(See  Common  Council.) 

ASSESSMENTS  FOR  LOCAL  IMPROVEAiEXTS— 

Assessment   district,   how   determined 240  58 

Assessment  of  cost  after  award  of  contract 256  63 

Benefits,    rule    for    estimating 298  74 

Board  of  public,  works   to  make 237  57 

Buildings  on  lands  taken  for  streets  or  alleys 303  76 

Certificates  of  sale  bid  in  by  city  may  be  assigned 288  71 

Certificates  of  sales  need  not  be  acknowledged 306  77 

Condemnation   of   real    estate 241  59 

Appeals  to  district  court 250  61 

Appeal  afifects  only  property  of  appellant 262  65 

Benefits,    how   assessed 248  60 

Buildings   on   lands   condemned 246  60 

Confirmation  of  assessment,  notice,  hearings 249  61 

Covenants,  etc.,  touching  lands   condemned 253  254  63 

Damages,  how  awarded,  and  interest 243  59 

Damages,  payment   of 251  62 

New    assessments 249  61 

Id.,   following   appeals    sustained 262  65 

Notice    and    hearings 242  59 

Objections    to    assessments 249  61 

Plats  of  condemned  lands  to  be   filed 305  77 

Possession  of  lands  by  city 252  62 

Confirmation,  notice,  hearing,  objections 259  64 

Contracts   may   be   re-let,   when 292  73 

Deed  issued  only  after  assessments  paid 285  71 

Deeds  of  record,  treasurer's  certificate   must  show  assessments 

paid     300  75 

Errors  bj'  board  of  public  works  do  not  invalidate 240  58 

Errors  or  omissions  shall   not  vitiate 284  70 

Errors  subsequent  to  confirmation,  how  remedied 291  72 

General  powers  of  city 234  56 

Hearings    on    improvements 239  58 

Improvements    not    assessable 310  77 

Improvements  not  subject  to  assessment 236  57 

Improvements   subject   to   assessment 235  56 

Inadequate   assessments,   how   remedied 290  72 

Interest   on    unpaid    assessments 266  65 

Irregular  or  defective  assessments,  how  cured 296  74 

Judgment,  application  for  by  treasurer 267  66 

Advertisement  of  land   sales 273  68 

Assessments    not    litigated 270  66 

Certificates   of  land   sales 274  68 

City   a   purchaser,   when 275  68 

Costs     271  67 

Deeds  to  purchasers  as  evidence,  how  set  aside 280  70 

Formal    irregularities   or   defects 270  66 

Interest    on    judgments 287  71 

Judgments   may   be   opened,    when 297  74 

Notice    of    application 267  268  66 

Objections,  scope  of  and  when   filed 270  66 

Order    giving    judgment 271  67 

Payments   on   judgment   sales 275  68 

Proceedings  in   court  shall  have  priority 270  66 

Process  for  sale  of  land 272  67 


INDEX.  187 

Section.  Page. 
ASSESSMENTS  FOR  LOCAL   I  M  F'ROVEMENTS— Cont. 
Judgments— Cont. 

Redemption   of  land.s   sold 277  69 

Sales   at   public   vendue ' 282  70 

Sales    in    error 279  09 

State   liens    not    aflfected 277  69 

Treasurer's   record  of  judgment  sales 276  68 

Treasurer's    successor   shall   act 281  70 

Unredeemed  lands,  advertisement  of 277  69 

Land    donations,   rule    concerning ' 245  59 

Lien  on  premises,  assessments  shall  be 285  71 

Municipal    quarries,   etc.,   assessments    for 261  65 

Neglect  by  treasurer  or  other  officer 283  70 

New    assessments 259  64 

Notice    of    assessments 258  64 

Notices,    Sunday   publications 260  64 

Notices,  two  or  more  may  be  combined 260  64 

Objections,    filing    of : 259  64 

Orders  by  council,  forms  of 301  75 

Proceeds  to  form  separate   fund 176  41 

Proofs  of  publication  of  notices  as   evidence 294  74 

Railwaj'   property,    assessment    against 257  64 

Reassessments   after   application   for   judgment 289  71 

Record  of  proceedings,  certified  copies 255  63 

Refundments    of    over-assessments 290  72 

Refunds,    application    for 176  41 

Sale  of  real  estate  struck  off  to  city 286  7] 

Sewers   assessments    for 319  81 

Sidewalks,   assessments   for 312  78 

Stagnant   ponds,    how    abated 308  77 

Street  grades,  damages   and   benefits 326  82  327  83 

Unforseen   obstacles    to   improvements 294  73 

Unnecessary   delay   in   proceedings,   forbidden 309  77 

Warrants    for    assessments 262  65 

Delivery    to    treasurer 263  65 

Notice   by   treasurer 264  65 

Water  pipes   damaged  by   change   street   grade 414  114 

ASSESSMENTS,    paramount    liens 265  65 

ASSESSMENT  OF   PROPERTY   for  general   taxation 571  146 

ASSESSOR— 

Appointment,    qualifications,    etc 571  146 

Assistant    assessors 572  146 

Duties    and    powers 573  147 

Member    board    of    equalization 578  147 

Record  of  assessment  and  proceedings 576  147 

Separate  assessment  roll  of  each  ward  and  town 575  147 

BANK    DEPOSITS',    committee    on 200  46 

Interest  on  daily  balances 202  20.',  47 

RILL  BOARDS,  council  may  regulate  and  license 106  23 

BIRTHS  AND  DEATHS  who  to  register  and  report 459  460  115 

BOARD  OF  CONTROL— 

Annual    fund    for P.    8  167  36 

Appointment,    term,    compensation 670  169 

Clerk,  appointment  and   salary 670  169 

Powers     and    duties 672  169 

Powers   of   county    board 674  170 

Relief  to  non-residents,  rates   for 677  170 


188  INDEX. 

Section.     Page. 

BOARD  OF   EQUALTZATTOX,   liow   constituted... .578  147 

Aggregate   of   valuations    cannot   bo    reduced 580  148 

Arbitrary    assessments 580  148 

Compensation    of    members 581  148 

Meetings     579  148 

BOARD  OF  FIRE  COMMISSIONERS  (Sec  Fire  Department.) 

BOARD  OF  LIBRARY  DIRICCTORS  (See  Public  Library.) 

BOARD  OF  PARK  COMMISSIONERS  (See  Parks  and  Parkways.) 

BOARD  OF  POLICE  COMMISSIONERS   (See  Police  Department.) 

BOARD  OF  PUBLIC  WORKS'— 

Annual    fund   for P.    13  167  37 

Appointment   of   members,   term,   oath 227  54 

Assessments,  special   (see  Assessments.) 

Clerk,    bond    required ?>^  1?> 

Clerk   hire   allowance oGl  143 

Contracts,  shall  have  no  interest  in 228  54 

Local  improvements,  (see  Assessments  and  Local  Improvements.) 

President,   clerk,  rules 229  54 

Qualifications    of    members 226  54 

Report  change  of  street  grades  to  water  board 422  106 

Street  lamps,  inspection -of 303  76 

BOARD  OF  SCHOOL  INSPECTORS  (See  Schools.) 

BOARD  OF  WATER  COMMISSIONERS.     (See  Water  Board.) 

BOARD    OF   WORKHOUSE   DIRECTORS    (See   Workhouse.) 

BONDED  DEBT— 

Annual    fund    for 167  35 

Council  authorized  to  levy  taxes  for 178  41 

Faith  and  credit  of  city  pledged 180  41 

Refunding  of  bonds  authorized 179  41 

Council   may  provide   for 188  43 

Signatures  to  bonds  and  coupons 189  43 

BONDS   OF   CITY   OFFICIALS 33  13 

Comptroller,   custodian    of 205  47 

BOUNDARIES,    city    defined 2  5 

Council   cannot   change 3  6 

Wards,     defined 3  6 

BREWERIES,    location    of 80  20 

BRIDGES— 

Annual   fund  fcjr P.   16  167  37 

Council   may   construct 118  26 

Damages  for  change   of  grade ". 119  27 

Notice  of  claims,  etc.,  for  damages 120  27 

Petitions    not    necessary 121  27 

To  become  part  of  street  or  highway 118  26 

BUDGET  (See  Conference  Committee,  report.) 

BUILDING   REGULATIONS,   ordinance  affecting 543  139 

Amendments  must  be  of  general   application 544  139 

Buildings  insecure  or  unsafe  to  be  inspected 95  22 

Building  inspector,  who   to   act 233  56 

House  drains  and  cesspools,  rules  for 696  174 

Ordinance   cannot   be   suspended 544  139 

Revision   of  ordinance,   how   made 546  139 


INDEX.  ISO 

Section.      Page. 

CEMETERIES,   jurisdiction    over 4(i4  115 

CERTIFICATES  OF  IXDEBTEDXESS— 

Council    may   authorize 191  -^3 

First  charge  upon  tax  receipts 193  44 

Form  of  and   signatures   to 196  44 

Maturitj',   interest   rate,   denominations 192  43 

Minimum  price   and   time   of  sale 197  45 

Purchase  of  from  moneys  in  annual  funds 198  46 

Rules    governing    sale 195  44 

CERTIFICATES   OF   PURCHASE,   assignable 2~H  69 

CHARTER  COMMISSIOX— 

Members  of  in   1900 TOO  175 

Members    in    1904 177 

CITY  ENGINEER   (See  Commissioner  of  Public  Works.) 

CITY  CLERK— 

Assistant,   appointment   and   duties '. 26  12 

Bond     required : 3.'?  13 

Bonds  in  appeal  cases  executed  by 684  172 

Clerk    hire    allowance 561  143 

Deeds  and   leases  to  be  signed  by 688  172 

Duties     of 25  12 

Election    and    term 24  12 

Notice  of  city  election,  to  give 11  10 

Salary    of 560  143 

Secretary  of  park  board  and  conference  committee 27  12 

CITY     DEPOSITORIES 200  46 

CITY  JOBS,  council  members  prohibited  from  soliciting 144  30 

CITY   AND   COUNTY    PHYSICIAN 672  169 

Duties   of,  term  and   salary 679  .170 

Police   force,    examinations    of 380  95 

CITY  HOSPITAL— 

Board  of  control  to  have  charge 676  170 

Cost  to  be  shared  by  city  and  county 669  169 

Pay   patients,   receipts   how   divided 678  170 

CLERK    HIRE   ALLOWANCES 561  143 

CLERKS,   to   be  certified  to   mayor   and   comptroller 162  34 

COMMISSIONER  OF  PUBLIC  WORKS— 

Annual    fund   for . .  .  .  P.    12  167  37 

Appointment,    term,    fiualifications 230  55 

Assistants    and    employes 231  55 

City   engineer's   duties    transferred    to 700  175 

Duties   of   commissioner 232  55 

Employes,  number  and  compensation 562  143 

Ex-ofticio    building    inspector 233  56 

Excavations   in   streets,  duties  concerning 344   P.   88  348  89 

Plat   commission,   member  of 583  149 

Plats,  copies  to  be  retained  in  office 588  151 

Salary   of,   and   assistants 560  143 

Schedule  of  employes  recjuired  weekly 304  76 

Street   sprinkling,   duties   relating  to 339   P.  85  304  86 

Working    day    for    employes 304  76 

COMMITTEE  OX  P.  \\K   DEPOSITS 200  46 


190  INDEX. 

Section.     Page. 
COMMON  COUNCIL— 

Aldermen,  one  from  each   ward -  .  .  40  15 

Apportionment   of   miscellaneous    receipts 169  39 

Appropriate  money  for  city  purposes  only 48  17 

Appropriation  of  money  by  2-3  vote 45  16 

Assembly,   nine   members 40  15 

Assembly  and  aldermen  meet  separately 40  15 

Board  of  control,  members  not  eligible  to 670  169 

Bridges,  power  to  construct 118  26 

Canvass   of   election    returns 13  10 

Certilicates    of    indebtedness 191  43 

Purchase   of,   may   authorize 198  46 

City  Jobs,  no  member  to  solicit 144  30 

City  hall  and  court  house  commission,  president  to  appoint....  693  173 
Commissioner    public    works,    mav    t\x    compensation    of    em- 
ployes      ". 304  76 

Conference    committee's    report,   action   on 166  35 

Contracts,  no  power  to  compromise 142  30 

Approved  by  2-3  vote 315  80 

Constables,  vacancies  in  office  to  be  tilled  b)'.  : 593  153 

Damage   claims  to   be  received   by 690  173 

Damages    compromised   by    3-4   vote 143  30 

Deeds  and  leases  by  citj-,  authorized  by *  .  688  172 

Election    districts,    may    fix 12  10 

Elect  members   board  of  equalization 578  147 

Election    of    members 5  9 

Election  of  officers  at  joint  session 43  16 

Eminent  domain,  power  in  council  and  board  public  works....  123  27 

Exempt   from  jury  duty 37  14 

Fallen   women,   institution    for 114  25 

Finances  and  property,  control  of 48  17 

Fines,  power   to   impose 113  24 

Fire    department    expenditures,    approval   of 385  96 

Franchises   in   streets,   may   grant 124  28 

Additional    conditions    and    terms 138  30 

Exclusive    franchises    prohibited 127  28 

Ordinance  to  lie  over  ten   days 128  23 

Perpetual    franchise    prohibited 126  28 

Regulation    of. 125  28 

Right  to  forfeit 134  29 

Right  to  regulate  rates 133  29 

General   powers   and   duties 48  17 

Grade,  may  compensate  for  change  of 119  27 

Notice  of  claim  and  hearing 120  27 

How   composed,  two   bodies 40  15 

Joint    session 41  15 

Journal  to  be  kept  by  each  body 42  16 

Justices  of  peace,   to  fill  vacancies 596  153 

Levee,   may   lease    Sixth    ward 145  30 

License,    revocation    of 113  24 

Local  improvements,  may  modify  owing  to  unforseen  obstacles  294  73 

Municipal    court    clerk,   may    remove 608  156 

Municipal  court,   furnish   quarters  for 599  154 

Municipal   court,   president  of.   to   select  jurors 639  161 

Officers   of   each   body   elected 43  16 

Offices,  new  or  salaried  cannot  be  created 140  30 

Ordinances,    style    of 45  16 

Ordinances  and  resolutions  may  originate  in  either  body 45  16 

Ordinances,  resolutions  and  orders  approved  by  mayor 46  16 


INDEX.  H)i 

Section.     Page. 
(JOMM9X  COUX'CIL— Cont.  , 

Ordinances  and   resolutions   not  approved   by   mayor,  operative 

when     -i*')  1*^ 

Ordinances  and  resolutions,  pass  over  mayor's  veto -lO  Ki 

Ordinances,    etc.,    publication    of -^7  17 

Ordinances  and  resolutions,  majority  vote,  each  bodj^ 4.5  16 

Peace   officers,   members   shall   be ''"6  95 

Plats,  to  be  accepted  by j^j  150 

Plumbing   regulation.s    to    be    adopted <)!I4  174 

Presiding  officer  to  sign  proceedings 4:3  16 

Printing,  joint  committee  to  establish   rules 47  17 

Public   highways,  control   of 1  ' f>  '■-'>. 

Qualifications  of  members •'  10 

Quorum,     rules 41  15 

Railways,    steam,   electricity,   elevated l^i'i  ~9 

Real  estate,  power  to  lease,  foreclose,  sell ,1:32  27 

Salary  of  assemblymen  and  aldermen 560  14:; 

Sealer  of  weights  and  measures,  appoint 85  21 

Sewer  systems,  may  establish  or  alter 317  81 

Sewers,   appropriations   for   authorized 319  81 

Special   elections,  ordered   by   2-3  vote 14  10 

Special    meetings,    how    called 43  16 

Specific  powers  of.  to  prohibit,  prevent,   regulate  and  license..  49  17 

Animals,    herding    of fj~  19 

Animals    running  at   large 65  19 

Auctioneers,  license  and  regulate 74  20 

Bill   boards,   sign   boards,   fences 106  23 

Billiard  and  pool  tables,  license 70  19 

Births,   registration   of 100  23 

Bread,  size  and  weight  of 81  2l 

Buildings,   construction   of 95  22 

Buildings,  removal   of   when   unsafe 68  19 

Burials   within   city 100  23 

Butchers   and   meat    vendors 79  20 

Chimneys,    construction    of 95  22 

Circus,   theater  and   show,  licenses   for 69  19 

Coal  and  firewood,  sale  of 81  21 

Concealed  weapons,   carrying  of 57  18 

Contagious    diseases 62  19 

Deaths,   registration   of lfli>  23 

Dirt,    removal    of 90  21 

Disorderly  assemblages  and  riots 52  18 

Disorderly    houses,    etc 5:>  18 

Dogs,  impose  tax  on,  kill   vicious  ones 91!  21 

Driving    on     sidewalks 66  1 9 

Drunkenness    and    obscenity 5S  is 

Fire    limits,    safety    regulation 1 04  23. 

Fast    driving-  on    streets 55  18 

I-'irearms     and     fireworks 56  18 

Gambling  and   fraudulent   devices 50  IS 

Garbage,  establish  plant   for  collection   ;ind  (lisi)osal   of....  lOO  24 

Gunpowder,    storage    of 92  21 

]  lackmen.   license   and   regulate 75  20 

Hack    stands,    locate 75  20 

?Iacks,  trucks,  etc.  license 77  20 

}{ay.   sale   and   weighing  of SI  21 

Tfospitals.   council   to   establish   and   regulate 100  23 

Health,  jurisdiction  beyond  city  limits 61  18 

Hotel    and    restaurants 71  19 

Ice,  cutting  and   sale   of 87  21 


11)  :2  INDEX. 

Section.     Page. 
COMMON  COUNCIL— Cont. 
Specific  powers  of — Cont. 

Inspection   of   meats,   liquors,   etc 82  21 

Insurance     agents 73  20 

Junk    shops     Ill  24 

Lighting   city   and   public   buildings 99  22 

Liquors,  grant  license   for  sale  of 86  2 J 

Liquors,  sale  of  without   license 51  18 

Lumber    and    building    materials 815  21 

Market   master,   council    to    appoint 96  22 

Market  places,  locate,  regulate  and  maintain 96  22 

Meats,    regulate    sale    of "9  20 

Nuisances,    abatement    of 60  IS 

Nuisances,  to  be  abated  by  owner  or  occupant 91  21 

Order,  keep  at  depots 76  20 

Paaipers,    regulation    of 64  19 

Pawn  brokers,  license  and  regulate 72  19 

Prohibition,    establish    districts 107  24 

Peddlers,  license   and   regulate 75  20 

Petroleum,    storage    of 92  21 

Plats,    accept    and    approve 103  23 

Public    baths 88  21 

Public  buildings,  for  city  purposes 1 10  24 

Public    health    regulations 61  18 

Public    play    grounds 112  24 

Quarries  may  be   established 108  24 

Real  estate,  acquire  and  hold 105  23 

Rubbish,    removal    of 90  21 

Second-hand    stores Ill  24 

Second-hand   stores,   junk   shop 78  20 

Slaughter  houses,  breweries,   pawn   shops 80  20 

Steam    boilers,    license    and    regulate 94  22 

Streets,    encumbrances    in 54  18 

Street  lighting,  award  contracts  for 99  22 

Smoke,   emission   of  dense,   a   nuisance 95  22 

Snow,    removal    of 90  21 

Sprinkling,  establish   and   maintain   plants 109  24 

Taxes,   levy   annually 102  23 

Ten-pin    alleys 70  19 

Ticket    brokers 75  20 

Trees  on   street  and   public   grounds 89  21 

Unwholesome    substances,    depositing   of 59  18 

Vagrants,    inendicants.    beggars 63  19 

Watchmen,   number   and   duties 101  23 

Waterworks,    establish,   maintain    and    regulate '.  .  98  22 

Weights   and   measures 84  21 

Wharves   and   piers,   construct   ai^l    maintain 97  22 

Street    grades,    shall    establish * 324  82 

Street   grades,   may   alter 324  325  82 

Street  lamps,  council   to   authorize 303  76 

Streets,   control   of  rights   in 135  29 

Street   sprinkling,  relating  to.  . 338  85 

Municipal    sprinkling    plant 343  86 

Orders   by   council   on   3-4   vote 342  86 

Taxes,  no  power  to  relieve  lawful 141  30 

Tax  levy,  when  and  how  made 171  39 

Tunnels,  power  to  construct 118  26 

Viaducts,  power  to   construct 118  26 

Vacancies,    how    filled 19  n 

Vacations,  council  sole  power  to  grant,  petition  for,  vote 117  25 


INDEX.  V.I?. 

Section.  Page. 
COMMON  COUNCIL— Cont. 

Vote   required   on   certain   mea.sures 4 

Workhouse,   may    imprison    in 113  24 

Prisoners  from  other  counties fi62  1 60 

COMPTROLLER— 

Books  of  account,  what  to  contain 148  P.I 

Pjond    required '■>■'>  1^ 

Claims  against  city  or  school   district  audit  of 1"j4  '.]2 

Clerk    hire    allowance 501  14.'! 

Contracts,  shall  not  countersign  until   money  is  prc)vidcd 549  140 

Custodian   of   surety  bonds,   deeds,   etc 205  47 

Deeds  and  leases  to  be  signed  by fi^S  172 

Examine  books  of  board  of  control •>'<  1  169 

Ex-officio   comptroller   of  police   board :!54  90 

Election    of 5  9 

Examine  securities  held  by  treasurer 190  4?> 

Forms  of  accounts,  reports,  etc.,  of  departments 14()  31 

Judgment  sales  in  error,  duties  relating  to.  .  .  .■ 279  69 

Monthly  report   to   secretary   school   board 484  122 

Report,  annual,  to  conference  committee 164  34 

Salary     of 560  143 

Sinking  fund  committee,  member  of 182  42 

Statements  of- city  depositories,  shall  publish 204  47 

Statements,    daily,   to    treasurer 156  33 

Treasurer's   receipts  and  payments,   to   check   daily 158  33 

Warrants  for  special  assessments,  delivery  to  treasurer 26:5  6.5 

Water   board,   comptroller   of 419  105 

Workhouse   board,   accounts,   etc..   kept   by 660  166 

CONDEMNATION  OF  LANDS  other  than  for  park  purposes.      (See  Assess- 
ments and  Local  Improvements.) 

Appeals   to  district   court 250  61 

Aflfect  only  property  of  appellant 262  65 

Assessment  of  damages  and  benefits 241  59 

Benefits,    how   assessed 248  60 

Buildings   on   lands   condemned 246  60 

Confirmation  of  assessment,  notice,  hearings 249  61 

Covenants,  etc.,   touching  lands   condemned 253  254  63 

Damages,   paj'ment   of 251  62 

Deeds  to  lands  condemned.  . ; 251  62 

Easements  for  sewers,  roadways,  car  tracks 323  82 

Extensions  of  waterworks   (See   Water   Department). 

General    powers    of   city 234  56 

New    assessments 249  61 

Following   appeals    sustained 262  65 

Notice   of  assessments   and   hearings 242  59 

Objections    to    assessments 249  61 

Park  and  parkway  lands  (See  Parks  and  Parkways). 

Plats  of  condemned  lands  to  be  filed 305  77 

Possession  of  lands  by  city 252  62 

Water  powers  on  lands  condemned 251  62 

CONFERENCE  COMMITTEE— 

Annual  report  of  comptroller  to 164  34 

Dis(|ualification   of   members 224  53 

Expenditures,   duties   relating   to 225  53 

Meetings,   when   held ^ 208  48 

Members    of   and    duties 207  48 

Report   on   estimated   expenditures 165  34 

Action    on    by    council 1 66  35 


194  INDEX. 

Section.  Page. 
CONFERENCE  COMMITTEE— Cont. 

Reports  to,  required  monthly 210  48 

Additional   information    may   be   reciuircd 222  52 

As-sembly,  president  of 211  48 

Board  of  control,  chairman  of 220  53 

Board  of  public  works,  president  of 217  50 

Commissioner    of   public    works 216  50 

Comptroller     219  5i 

Fire  board,  president  of 214  49 

Park   board,   president   of 212  49 

Police  board,  president  of 218  51 

School    Ixiard.    president    of 215  49 

Treasurer    221  5:^ 

Water  board,  president  of 2i:^.  49 

Secretary'-  of,  city  clerk   to  act 27  12 

COXTAGIOUS   DISEASES,  reports  on,  to  liealth  commissioner..  462  115 

CONTINGENT  FUND— 

Common     council P.   22  167  38 

Police    department,   authorized 366  93 

CORONER  TO   REPORT   INQUESTS  to   health   commissioner..  461  115 

CONSTABLES,  election  of 8  10 

Powers   and   duties 590  152 

Sixth  ward  constables,  election,  term 593  153 

State  laws   to   apply 598  154 

CONTRACTS— 

Assignment   of   city   contracts   prohibited 558  1 42 

.\ward   for   local   improvements 256  63 

Award  to  lowest   responsible   bidder 315  80 

Bond  or  certified  check  accompanying  bid 559  142 

City  officials  must  not  participate  in 39  14 

Comptroller    custodian    of 205  47 

Comptroller   not   to   countersign   contracts   until    money   is   pro- 
vided       549  140 

Contracts   exceeding  $200,   how   awarded 547  140 

Contracts  of  $200  or   less 548  140 

Council   cannot   compromise 142  30 

Delay  in   local   improvement   contracts 299  74 

Emergency     contracts 548  140 

Neglect  to  complete  sidewalk  contracts 313  78 

Paving  repairs  may  be  provided   for 316  80 

Paj-ments     on 316  80 

Re-letting  of  local   improvement   contracts 292  73 

Sidewalks,  annual   contracts  for 311  77 

Street   sprinkling   may   be   by   contract 340  85 

Unforseen  obstacles  aflfecting  local   imi)rovements 294  73 

CONTRACTORS— 

.Action    against   city   of    contractor 554  141 

Actions   on  bond,  time  limitation 556  142 

Additional  bond  maj'  be  required 555  142 

Bond     required 551  141 

Estimates   on   contracts,   rule   concerning 557  142 

Liable  for  personal  or  property  damages 550  140 

Parties    in    interest    defined 554  141 

Sureties  on   bond,  relating  to 552  141 

Surety   company   bond    sufficient 553  141 


INDEX.                             .  195 

Section.      J^iigc. 
CORPORATION  ATTORNEY— 

Clerk    hire    allowance 501  143 

Duties    of 29  12 

Election,    term,    assistants 28  12 

Health    department,    officer    of 428  109 

Salary   of,   and   assistants 560  14:5 

Special    counsel,    how    employed 29  12 

COURT  HOUSE  AND  CITY  HALL— 

Annual   fund   for.  .  . : P.    10  167  ::: 

Commission  to  have  charge  of  building (i9;j  173 

Compensation  of  commissioners,  term   of  office 693  173 

DAMAGE  CLAIMS— Notice  to  be  given  city 690  173 

DEAD   BODIES— Interment   and  removal   of 463  1 1  o 

DEEDS   AND   LEASES— Authorized   by   council 688  172 

DEEDS — Comptroller    custodian    of 205  47 

DEEDS  OF  RECORD  must  have  treasurer's  certificate  that   spec- 
ial   assessments    are    paid 300  75 

DISTILLERIES— Location   of  by   council 80  20 

DIVERSION  OF  iMONEYS  prohibited 161  34 

DOGS — Enforcement  of  laws   concerning 361  92 

Powers   of  council   concerning 93  21 

ECONOMY  IMPOSED  IN  CITY  AFFAIRS 168  38 

ELECTIONS,    CITY— When    held 4  9 

Districts,   council    to    \\x 12  10 

General   laws   to   apply 13  10 

Municipal  judges,  electitni,  term 7  9 

Notice   by  city   clerk 1 1  10 

Officers,    how    elected 8  10 

Ofticers   to   be   elected 5  9 

Official    year .' 0  9 

Returns,  how  canvassed 13  10 

Special  elections,  how   ordered '.  .  .  14  10 

Terms  of  city  ofticials 6  9 

Tie-vote,    how    decided 15  10 

Vacancies,    how    filled 17  11 

ELECTRICAL  INSPECTOR— Who  shall  act 387  97 

EMINENT   DOMAIN — Council   and   board   public   works   may   ex- 
ercise       1  •-•'  ■-'' 

ERRORS. OR    OMISSIONS    in    proceedings     affecting     local     im- 
provements   and    assessments 2S4  70 

EVIDENCE — Record  in  city  offices  received  as  such  in  court f>91  173 

EXCAVATIONS  IN  STREETS— 

Bond  for  license •>■!■'>  ^^^ 

License     for -i-l-l  88 

Regulations     concerning -'-lO  88 

Restoration  of  surface,  relating  to 348  89 

Revocation  or  denial   of  licenses 347  89 

Rules   and    regulations    concerning 344  88 

FEES,  COSTS,   ETC.,  city  to  receive 564  144 

Monthly   reports  on ;">''<>  I-*-* 

Record   book,   officials   to  keep , 565  144 

Turned  in  to  treasurer  daily l.t'O  •'•! 


10(5  INDEX. 

Section.     Page. 

FISCAL  YEAR  in  all  department? 147  31 

FIRE  DEPARTMENT— 

Additional   companies,   how   organized 388  98 

Annual   fund P.    4  167  35 

Board  of  fire  commissioners 383  96 

Officers    of    board 386  97 

Powers   and   duties 385  96 

Publication   of   proceedings 392  98 

Reports     to     council 390  98 

Secretary   may   be   elected 3SG  97 

Care  of  property  and  repairs 391  98 

Chief  engineer,  salary  and  assistants 5(;o  143 

Expenditures,  council  to  approve,  when 3S5  96 

Electrical  inspector  and  assistant MS7  97 

Fire  alarm  telegraph. 

Superintendent.    ai)p(>intmcnt 387  97 

Salary    of 560  143 

Fire   limits,   council   to   fix 104  23 

Fire  limits,  wooden  buildings  not  to  be  rebuilt,  when 104  23 

Firemen,   apointment  and  removal 388  98 

Additional   firemen,  how  authorized 388  98 

Injured    hremen.   pay   of 394  99 

Pay.   how   fixed 389  98  • 

Fire  warden,  chief  engineer  to  act 387  97 

Officers    of   department 387  97 

Suspension    by    chief    engineer 393  98 

FRANCHISES  IN  STREETS,  how  granted 124  28 

Additional   conditions   may   be   imposed 138  30 

Company    holding   must    file    reports 129  28 

Council   may   forfeit 134  29 

Council    may   regulate 125  2b 

Exclusive   franchises  prohibited 127  28 

Extensions    and    modifications    of 431  29 

Forfeiture  for  non-use  or  abandonment 139  30 

Forfeiture   of,  when 129  28 

Gross  earnings  tax,  holder  to  pay 130  29 

Ordinance   granting   to   lay   over 128  28 

Perpetual  franchises  prohibited 126  28 

Prior  franchises,  when  subject  to  charter 132  29 

GARBAGE— 

Annual   fund   for P.    23  167  38 

Commissioner  of  health  to  collect   and   remove 167  35 

Council  may  equip  and  maintain  municipal  plant 109  24 

GRADING   OF   STREETS,   petition    necessary 238  57 

GROSS  EARNINGS  TAX~Payable  by  lidlders  of  franchises 130  29 

HEALTH  DEPARTMENT— 

Ahnual  fund  for P.   23  167  38 

Commissioner   of  health,   appointment,   etc 429  109 

Annual  reports  required 467  116 

Assistants    and    inspectors 4:!0  109 

Assistant  and  inspectors,  appointment   and   salary.... P.   23  167  38 

Bond    required 3:!  13 

Extraordinary    powers 438  110 

General    powers    and    duties 432  109 

Houses,    power    concerning 440  in 

Inspections    of   citj'.   required    monthly 451  113 

Nuisances,    abatement    of 4:!3  110 

Premises,  etc.,  may  be  ordered  cleaned  .  .    457  1 1  4 


INDEX.                '  j<)7 

Section.     Page. 
HEALTH  DEPARTMENT— Cont. 
Commissioner  of  Health — Cont. 

Removal    of    subordinates 4:51  109 

Salary     of 560  143 

Sewerage   or   drainage,   defective,   reports  on .322  81 

Vaccination,    may    enforce 439  111 

Vital    statistics,   duties    concerning 453  113 

Garbage   collection,  etc P.   23  167  38 

Infectious   and   pestilential    diseases 435  110 

Organization    428  109 

Penaltj^    for    violation    of    health    regulations 455  1 14 

Police  shall  execute  orders  of  commissioner 372  94 

Police   shall   report   violations   of   rules 372  94 

Quarantine  sites,  how  established  and  regulated  ....  41 1      P.   104  450  113 

Quarantine   stations   and   hospitals,   how   secured ;...  452  113 

Vaccination   certificates   to   school   children 454  113 

Vaccination,    free    when 454  1 13 

HOSPITALS    and    grounds : 100  23 

INTEREST,   annual    fund    for P.   1  167  35 

INTOXICATING  LIQUORS  cannot  l)e  sold,  where 107  24 

INSURANCE   POLIClES'^Comptroller  custodian   of 205  47 

JUDGMENTS  affecting  special  assessments 287  71 

JUDGMENTS— Annual    fund   for P.    17  167  37 

JUNK  SHOPS,  regulate   and  license  of Ill  24 

JUSTICES  OF  THE  PEACE— 

Appeals  from  to   municipal   court 597  154 

Criminal  jurisdiction,  relating  to 5S9  152 

Election    of 5  9 

Election,   term,  jurisdiction 589  152 

Fees     of 589  152 

Peace    officers 376  95 

Qualifications    of 10  10 

Sixth,  Tenth,  Eleventh   wards,  election   of 8  10 

Sixth   ward,    court    established.  .  . 591  152 

Sixth   ward  justice  qualifications 591  152 

State   laws   to   appl}^ 598  154 

Tenth   and   Eleventh   ward  justice.   (|ualilications 594  153 

Vacancies,    council    to    fill 596  153 

LEVEE — Council    may    lease    in    Sixth    ward 145  30 

LICENSE    INSPECTOR— Api)ointmcnt   and    duties 361  92 

LIGIiTING— Fund    for P.    (i  167  36 

LIQUORS — Council  not  to  grant  license   in   certain   districts 107  24 

LOCAL  IMPROVEMENTS— (See   Assessments.) 

Assessment   districts,   how    determined 240  58 

Applications   for,  to   common   council 238  57 

Assessment,   improvements   not    subject   to 236  57 

Improvements,    subject    to 235  56 

Award    of   contracts 315  80 

Board  of  public   works  to  investigate 238  57 

Bond  of  certified  check  to  accompany  bid 314  79 

Condemnation   of   real    estate 241  59 

Contracts,  award,  assessment   of  cost 256  63 

Contracts    may    be    re-let.    when 292  73 

Delay    by    contractors 299  74 

Forms   of   orders    for .'!0i  75 


]98  INDEX. 

Section.  Page. 
LOCAL  IMPROVEMENTS— Cont. 

General  powers  of  city 2.'U  56 

Hearings   on   and   notice 2.'59  58 

Improper  construction,   remedy   for 316  80 

Improvements    not    assessable 310  77 

Ordered  by  council  by  2-3  vote 238  57 

Paving  repairs  may  be  provided  for 316  SO 

Proposals   for  improvements,   how  made 314  79 

Record  of  proceedings,   certified   copies 255  63 

Repairs  not  exceeding  $200 256  63 

Sealed    bids    required 314  79 

Sewers,    how    built 31  s  SI 

Sidewalks,    annual    contracts    for 311  77 

Street   grades,   how   altered 325  82 

Street  grading  and  sidewalks,  petitions   necessary 238  57 

Unforseen     obstacles 294  ■     73 

MARKET   MASTER— Council   to   appoint 96  2? 

Salary    of 560  143 

MAYOR— 

Acting  mayor,  who,  when 44  10 

Actions   against   city,   service   on 687  172 

Board    of   equalization,    member    of 578  147 

Bonds   in   appeal   cases,   executed   by 684  172 

Chairman    of    conference    committee 207  48 

City  hall  and  court  house  committee,  member  of 693  173 

Committee  on  bank  deposits,  member  of 200  46 

Deeds  and  leases  by  city,  to  be  signed  by 688  172 

Duties    of 20  11 

Election     of 5  9 

Examine   securities  held  by  treasurer 190  43 

New  school  buildings,  duties  concerning 475  119 

Officers    appointed    by 

Board  of  public  works,  members  of 227  54 

Commissioner    of    health 429  109 

Commissioner    of    public    works 230  55 

Fire   board,  members   of 383  96 

Inspector   of   school    buildings 477  120 

Park   board,   members    of 500  127 

Park    policement 534  136 

Police  board,  members  of 350  90 

Policemen  for  municipal  court 645  162 

School    inspectors 471  117 

Water  board,  members  of 395  99 

Workhouse     directors 656  165 

Ordinance    authorizing   bonds    or    certificates    not    vaild    unless 

approved   within    ten   days 46  16 

Ordinances  and  resolutions  must  be  approved   by 46  16 

Ordinances  and  resolutions  not  approved,  operative  when 46  16 

Salary     of 560  143 

Secretary,   salary   of 560  143 

Sinking  fund  committee,  member  of 182  42 

Special    council   meetings,   power   to   call 43  16 

Veto,   power    of 46  16 

MISCELLANEOUS   RECEIPTS,   how   apportioned 169  39 

MONEYS,  CITY  AND  SCHOOL,  control  of  and  payment  from..  151  32 

MUNICIPAL  COURT— 

Actions,   how   commenced   and   conducted 618  158 

Annual   fund   for P.    19  167  35 


IX  HEX.  i..)9 

Section.  Pnqc 
MUNICIPAL  COURT— Cont. 

Appeals  from  justice   courts   tii.  .  .., 0;.>i'. 

Appeals   to   Supreme   Court (541  id:.' 

Attachments,   replevins  and   garnishments 621  15S) 

Bailiffs,  approved  by  judges  and  appointed  bj'  mayor 645  162 

Clerk,    appointment,     etc 608  156 

Appoint     deputy 609  1 56 

Bond    required 33  13 

Certify  cases   to  district   court 629  160 

Deputy  to  act  as   bailiff 647  163 

Deputy,   salary   of 650  163 

Deput}',    may   be    removed 609  156 

Duties'    of 610  156 

Fees   collected   as   costs 637  101 

Jurors,   clerk   to    draw 639  1 61 

Make    term    calendar 617  158 

Record  books,   etc.,  to   furnish 611  157 

Report   and   deliver    fines   and   fees 610  156 

Salary    of 650  163 

Change  of  venue 599  154 

City  attorney  to  prosecute  criminal  cases  not  indictable 612  157 

City  not  liable  for  board  of  jail  prisoners,  when 686  172 

Civil   cases  in   separate   room 616  158 

Civil  process,  sheriff  to  serve 643  162 

Costs     634  161 

Counter  claims   in  excess   of  jurisdiction 620  158 

Criminal   process,  police   to  serve 644  162 

Criminal    proceedings,    ho.w    conducted 633  160 

County   attorney   to   prosecute   indictable   offenses 612  157 

Depositions 622  159 

Execution,    stay    of 624  159 

Execution,  stay  of  in   criminal   cases 652  164 

Fees,  police  officers  to   receive  none 646  163 

Judges,    two    provided • 602  1 55 

Election    and    term 7  9 

May  act  separately  or  jointly 651  164 

Powers    of 605  155 

Qualifications     of 604  155 

Report   daily    to    treasurer 610  156 

Salary    of 560  143 

Select     jurors 639  161 

Senior     judge 607  156 

Senior  judge,   chief  magistrate 605  155 

Term     603  155 

Judgments,    confession    of 625  1 59 

Jurisdiction,     civil 599  154 

Criminal 599  154 

Limit    of   jurisdiction 600  155 

Limited  to   Ramsey  county 599  1 54 

Same  as  justices   of  i)eace 599  154 

Jurors,    fees    of 640  162 

Jury,  method  of  drawing 639  161 

Jury    trials 6;!8  161 

Justice   courts    not   affected 648  163 

Pleadings,   time   to    serve 619  158 

Prisoners   awaiting   trial 683  172 

May    commit    tn    workhouse 683  172 

Powers    of    court 601  155 

Process    i'>">  I  1  ''0 

Stenograplier,   appointed    by   judges 613  157 


200  INDEX. 

Section.     Page. 
MUNICIPAL  COURT— Con t. 

Stenographer — Cunt.  • 

Fees     of 615  158 

Oath   of   office,    duties 614  157 

Term  at  pleasure  of  judges 614  157 

Salary    of 560  143 

Second  trials,  when,  how 627  15!) 

Sessions,  criminal   branch   daily 605  155 

State    laws    applicable 653  164 

Summons    and    subpc^enas,    service 632  160 

Taxation   of   costs 636  161 

Terms  of  court,  civil  branch 616  158 

Tenders     623  159 

Transcripts,    liens 642  162 

NEGLECT   BY    OFFICERS   in   assessment   proceedings 283  70 

NUISANCES,    abatement    of 433  110 

Common   nuisances   defined 115  25 

OATHS  OF  OFFICE  to  be  filed  with  comptroller 32  13 

OFFICIAL  BONDS   REQUIRED 33  13 

Approval   of  and  when   filed 34  14 

Surety    bond    required ;    exceptions 35  14 

OFFICES' — Council  cannot  create  new  or  salaried  one 140  30 

OFFICIAL  NEWSPAPER,  how  selected  (Amendment  page  15)..  30  13 

Ordinances,  resolutions  and  orders  must  be  published  in 47  17 

OFFICIAL  PUBLICATION— 

Council  committee  to  establish  rules  for 47  17 

Publication  of  official  notices  specified 689  173 

Proof     of 31  13 

OFFICIAL    YEAR 6  9 

ORDERS   ON   TREASURY,   recpiirements   concerning 152  32 

ORDINANCES— 

Approved    by    mayor 4()  16 

Majority  vote  in   each   body  to   pass 45  16 

May   be  vetoed   by   mayor 46  16 

May    originate   in   either   body 45  16 

Not  approved,  operative  when •.  .  .  .  4()  16 

Passed  over  veto,   how 4()  16 

Publication    of    required 47  17 

Style     of 45  16 

PARKS  AND  PARKWAYS— 

Annual   fund   for P.    21  167  38 

Board   of   park    commissioners 49ii  127 

Annual     report 502  127 

Appointment,    (lualilications,    vacancies 500  127 

Contract   power    of    board 503  128 

Contracts,    no    interest    in 505  128 

Donations   may   be   accepted 508  128 

General    powers    of    board 507  128 

Non-attendance    at    meetings 506  128 

Officers    and    employes 501  127 

Police,  jurisdiction   over 357  91 

Secretary,  city  clerk  ex-officio 502  127 

Vote  on  acquiring  lands 504  128 

Condemnation    of    lands 510  128 

Abandonment    of    proceedings 527  135 


INDEX.  :2oi 

Section.  Page. 
PARKS  AND  PARKWAYS— Cont. 
Condemnation  of  lands— Cont. 

Appeals   from   assessment   of   damages 520  132 

Appeals    from    re-assessments 524  i:;4 

Assessent  of  damages  and  benefits 512  120 

Assessment   moneys    cannot    be   diverted 529  135 

Benefits,    how   assessed 518  131 

Board  may  contract  for  lands 511  129 

Buildings   on   land   condemned 516  130 

Confirmation    of   assesment 519  131 

Damages,  award  and  interest 515  130 

Evidence   as   to    damages   and   benefits 514  130 

Interest  on  damages  ceases,  when 525  134 

Judgment    and    redemption 523  134 

Measure   of  damages 511  ,  129 

Notice  of  assessment,  hearings 513  130 

Objections    to    assessment,    when    filed 519-  131 

Occupation   of  condemned   property,   when 525  134 

Payment  of  damages,  doubtful  claimants 522  133 

Payments  from  park  fund 512  129 

Reassessments,   when   and   how   made 521  133 

Record   of  condemnation  proceedings 526  134 

Title    to    condemned    lands 512  129 

Treasurer  to  collect   assessment   of  benefits 523  134 

Expenditures   to   be   edited   by   park   board 530  135 

Lands,  how   acquired 508  128 

Park  lands  cannot  be  diverted  to  other  uses 532  136 

Park  policement,  mayor  to  appoint 534  136 

Parkways,  council   may  designate 509  128 

Rules   and   ordinances    afifecting 533  136 

Shade  trees,  planting  of 541  138 

Streams,  lakes  and  ponds,  control  of 531  136 

Street  lawns,  care  of 537  540  137 

Watermains   and  sewers   in   parkways 535  136 

PATENT  PAVEMENTS,  provision   concerning 315  80 

PEACE   OFFICERS,  who   are 376  95 

PERSONAL  PROPERTY,  city  may  ac<iuirc  and  hold 105  23 

PLAT  COMMISSION— 

Duties    of    members 584  149 

How    constituted,    compensation 583  "    149 

Plats   filed   with   commission 586  150 

Copies  to  be   filed 588  151 

Council    to    accept   plats 585  1 50 

Duplicates    filed,    when 586  150 

Fees    paid    by    owners 58:!  149 

Streets   and  alleys   free   from   liens 587  151 

PLUMBERS'    LICENSES   and    regulations 694  174 

Licenses   may   be   suspended 695  1 74 

POLICE  DEPARTMENT— 

Annual   fund   for P.    5  1 67  36 

Board   of   police.   ap])i)intnient,   etc 350  90 

Comptroller,    duties    of 355  91 

Contracts   exceeding  $200,  in    clui)licatc 1)55  91 

Dogs,   shall   enforce   laws   relating  to :561  92 

Impounding   animals,   laws   relating   to 361  92 

License   inspector,   shall   detail 361  92 

Oath     353  90 


:jn2  TXDEX. 

Section.  Page. 
POLICE  DEPARTMENT— Cent. 
Board  of  police — Corn. 

Officers     no4  90 

Park   police,   no  jurisdiction   over 3.57  91 

Power.s    and    duties 358  91 

Proceedings,    rules,    etc.,    certified    copies 360  92 

Quo  rum     .• o5()  9 1 

Reports     t. .    council :362  92 

Secretar}',  may   receive   cnmpensation :!.t4  90 

Secretary   to   keep   detailed   accounts :!.")5  91 

Term     .;•)  1  .90 

Treasurer   and   comptroller    (if .3.54  90 

Treasurer,   duties   of 3.5.5  91 

Vacancies     ■.  .  .''>52  90 

Weights  and   measures,   inspector   of .'ifil  92 

Chief   of  police,  appointment,   etc 3()3  93 

Assistant    and    clerk 3G3  93 

Contingent    fund    for 36ti  93 

County  attorney,  to  provide  detectives   for 379  95 

Health    department,    officer   of 42S  109 

Orders   of  health   commissioner,   to   execute 4()9  116 

Police   force,  may   suspend   members  of 365  93 

Powers   and    duties 364  93 

Salary     of 560  143 

Organization    and    tenure 349  90 

Peace    officers,    general    powers 376  95 

Police  force,  how  constituted •'>67  93 

Accidents,     reports     on 37.3  94 

Detective   force,   control   of 369  94 

Eligibility     to 368  93 

Examination    of    policemen 380  95 

Fees,    when    entitled    to 370  94 

Health  department  rules,  reports  on  violations 372  94 

Misconduct,   punishment    for.  .' 374  94 

Powers  of  police   officers 370  94 

Public  hearing  shall  precede  dismissal 375  94 

Reports   on   public   lights,   sidewalks,   etc 371  94 

Powers  and  duties  relating  to  municipal   court 359  92 

Rewards,    etc.,    prohibited 377  95 

Stolen   or   lost   property,   disposal   of 378  95 

POUNDMASTER,    appointment    and    duties 361  92 

PRINTING  AND   STATIONERY,  fund   for P.    18  167  37 

PROHIBITED   DISTRICTS,   council   may   establish 107  24 

PUBLIC  BATHvS,  powers  of  council SS  21 

PUBLIC   BUILDINGS,  powers  of  council... 110  24 

PUBLIC  IMPROVEMENTS  upon  private  property 293  73 

PUBLIC  LIBRARY— 

Annual    fund    for P.    20  167  37 

Board    of   directors,    a])pointment.    etc 491  125 

Annual     report 497  126 

Organization,     secretary 494  125 

Branch   libraries  may  be  established 494  125 

Control  of  library  fund  and  property 494  125 

,  Donations  may  be  accepted 498  126 

Libraries,   etc.,   free   to   residents 496  126 

Property   cannot   be   diverted 495  126 

Site  and   building  may  be  provided 495  126 


INDEX.  O03 

Section,  Page. 

PUBLIC  FUNDED  DEBT its  41 

PUBLIC   MONEYS  AND   SECURITIES,  custody  of 10;)  ir, 

PUBLIC   PLAYGROUNDS,   powers   of   council 11;: 

PUBLIC  PROPERTY,  etc.,  delivery  to  successors  in  office; penalty  36  14 

PUBLIC    REVENUES 169  39 

PUBLIC  SCHOOLS  (See  Schools.) 

QUARRIES,   council    may    establish 108  24 

RAILWAY   PROPERTY,   assessments   against 257  64 

RAILWAYS,  steam  or  elevated,  petition  of  property  owners  neces- 
sary       136  29 

RAILWAYS,  street,  to  clean,  repair  and  sprinkle  streets 137  30 

REAL  ESTATE,  council  may  acquire  and  hold  for  public  purposes  105  23 

REDEMPTION    FUND P.   3  167  35 

REMOVAL  OF  OFFICERS   BY   COUNCIL 18  11 

RESOLUTIONS  IN  COUNCIL 45  16 

RUBBISH,  etc.,  removal  by  owner 90  21 

SALARIES   OF    CITY    OFFICIALS 560  143 

Annual   fund   for P.    14  167  37 

Extra   compensation   not   allowed — exceptions 563  144 

SCHOOLS— 

Board   of  school   inspectors 471  117 

Annual  report  to  mayor 473  118 

Appointment   of  teachers 473  118 

Board   not   a   corporation 472  117 

Contract  and  debt  creating  powers  limited ' 483  122 

Contracts,     regulation     cnncerning 485  122 

Habitual     truants 489  123 

Monthly  report  to   mayor  and   council 480  121 

Officers    of    board 472  117 

Willful  intent  presumed  for  wrongful  acts 488  123 

Building  inspector  for  new  schools 477  120 

Buildings  must  be  authorized  by  council 167  35 

City  an  independent   school  district 472  117 

City  treasurer  to  receive  school   moneys 487  123 

Contracts  for  sites  and   buildings,   how   executed 476  119 

Fund  for,  maximum  limit P.  9  167  36 

New  school.s — Purchase  of  sites  and  erection  of  new  buildings, 

who    to    act 475  119 

Property  vested  in   city   for  school   ])Urposes 481  121 

Revenue   from   public    schools 177  41 

School   property,  custody  of  and  title   to 478  120 

School   tax    levy 479  120 

Id 490  123 

Supplies,    how    purchased 481  121 

Teachers,    appointment    of 473  118 

Compensation     of 474  118 

Term    of    service 474  118 

Vaccination   certificates  may  be  required 454  113 

SEALER  OF  WEIGHTS  AND  MEASURES' 84  21 

SECOND-HAND    STORES in  24 

SEWER,  WATER  AND  GAS,  connections  in  streets  to  be  paved.  320  81 


204  IXDF.X. 

Section.      Page. 
SEWERAGE— 

Appropriations    hj'    council    authorized 319  81 

Connecting  sewers,   how   built 318  81 

Council  may  establish   or  alter  general   system 317  81 

Easements   for  sewers,   how   secured 323  82 

Health  officer  to  report  on  to  council 322  81 

Lateral    connections :!20  81 

SHADE  TREES,  planting  of  by  park  hoard ,^41  138 

SIDEWALKS— 

Annual    contracts    for 311  77 

Assessment    for 312  7S 

Contractor's   neglect   to   complete   contract 313  78 

Permits  to  property  owners  to  build 313  28 

Petition  necessarj'  for 238  57 

Police  shall  report   on 371  94 

SINKING    FUND P.    2     167     35 

Committee    to    manage 182  42 

Income   from,,  how   applied 185  42 

Investments   from,    how    made 183  42 

Moneys    applicable    to 181  42 

SLAUGHTER   HOUSES,  location   of - SO  20 

SMOKE,    abatement    of 95  22 

SPRINKLING  OF  STREETS— 

Annual   fund   for P.   24  167  :)8 

Contracts    for    sprinkling   authorized 340  85 

Council  may  order  by  3-4   vote 3>42  86 

Council  shall  provide  fund  for  (Amendment  Page  87) 338  85 

Districts,  division  of  city  into 339  85 

Municipal   sprinkling   plant   authorized 3)43  86 

Neglect  or  failure  of  contractor 341  86 

Temporary   provisions 330   P.    83  337  85 

STAGNANT    PONDS,   how    abated 308  77 

STREET  GRADES— 

Alteration    of    established    grade 325  82 

Changes  of  grade,  reports  to  water  board 422  106 

Council    shall    establish 324  82 

Easements  for  roadways  or  car  tracks 323     »   82 

Profiles,    where    filed 3,24  82 

Water  pipes  damaged  by  change  of   grade 414  104 

STREET  LAWNS,  cars  of  by  park  board 537-540  137 

STREET  LIGHTING—  .     .     .    .       • 

Board  of  public  works  has  jurisdiction 99  22 

New  lamps,  how  ordered 3>03  76 

Police  shall   report  on 371  94 

Semi-annual   inspection   of   street   lamps 30:i  76 

STREETS  AND  SEWERS,  fund  for P.   15  167  37 

STREETS,  council  to  control   riglits   in 135  29 

SUITS    AGAINST    CITY,    process 687  172 

TAXES',    abatement    of 5.S2  148 

Council   cannot   relieve 141  30 

Council    to   levy    annually 102  23 


INDEX.  :>i,.: 

Section.  Past. 
TAX  LEVY— 

County   auditor,    duties    of I7:j  .'!9 

Estimate   in   conference   committee's    report Kjo  34 

Public    school    fund 479  l;iO 

When   and   how   made 171  39 

TAX   LEVY   CERTIFICATES   (vSee  Certificates  of   Indebtedness.) 

TAXATION,   propert)'   subject   to 1 70  39 

Exemptions   of  certain   fli>tricts 174  40 

TERM   of   elective   officials 6  9 

TREASURER— 

Bond    required 33  13 

Certificates  as  to  paid-up  special  assessments 300  75 

Certificates   of  judgment   sales 274  G8 

Clerk  hire   allowance 5()  l  143 

Custodian  of  money,  notes,  etc 199  46 

Deposits,  daily  in  authorized  banks 200  4(> 

Liability    of    treasurer 202  47 

Duties     of 21  11 

Election    of 5  9 

Ex-oflicio   treasurer   of   police    board 354  90 

Judgment,  application  for  on  unpaid  assessments 267  66 

Loans  prohibited   except   as   bank   deposits 199  46 

Moneys,  shall  receive  and  pay 149  31 

Monthly  report  to  secretary  of  school  board 484  122 

Neglect   in   assessment   matters 283  70 

Payments  by  treasurer,  how  made 155  32 

Evidences  of  payments  required 157  33 

Public   funds   not    to   be   leoaned 22  11 

Receipts,   treasurer   shall   issue 150  31 

Record  of  judgment  sales   for  uiijjaid   assessments 276  68 

Salary    of 560  143 

Sale  of  lands  for  unpaid  assessments 272  67 

Sinking   fund    committee,    member   of 183  42 

Special  assessments,  notice  of  collection 264  65 

Successor  to  act  in  assessment  matters 281  70 

Unredeemed  lands,  advertisement   of 277  69 

Water  board,  treasurer  of 419  105 

Workhouse   board   treasurer   of 660  166 

TUNNELS,   relating   to 26  121  27 

UNEXPENDED    BALANCE,   term    defined 175  41 

VACATIONS  OF  STREETS,  ETC.— 

Hearing,  advertisement  of 117  25 

Petition    for 117  25 

Provisions   relating  to 117  26 

Three-fourths   vote    in    council 117  25 

VACANCIES   IN   OFFICE 17  11 

How    filled 19  11 

VACCINATIONS,   may   be   enforced... 439  111 

School    children,    rule    affecting 454  113 

VAGRANCY,   imprisonment    for   limited 113  24 

VETO   OF   MAYOR,  how   set   aside 46  16 

VL\DUCTS,   relating   to 118   P.    26  121  27 

VOTE,   in  council  reciuisite  on   certain   measures 4 

WARD      BOUNDARir^S,     cmmcil     cannot     change     (Amendment 

page  7)    :;  G 


206  1X1)  EX. 

Section.  Page. 
WATER  DEPARTMENT— 

Advance    paj-mcnts    for    water 415  105 

Board  of  water  commissioners,  appointment,  etc 395  99 

Actions  and  judgment  against 424  107 

id.,   notice,  iiling  and  contracts 425  107 

Corporate    powers   of   board 396  100 

General    powers 418  105 

Reports,   yearly,   to   council 419  105 

Secretary,    election,    duties,    assistant 419  105 

Treasurer   and    comptroller 419  105 

Bonds   validated    (Amendment    Page    108) 412  104 

Contracts,   provision   relating   to 420  IOC) 

Extensions  and  new  sources  of  supply 397  100 

Appeals  from  report  of  commissioners 399  100 

Clerk  of  Court  duties  of 400  101 

Commissioners  to  assess  damages,  meetings,  report 399  100 

Infant  heirs  of  wards,  lands  belonging  to 406  102 

Injunctions     prohibited 401  lOl 

Preliminary  procedure   by  board 398  100 

Rights  of  city  as  to  lands  taken 398  100 

Possession  of  and  right  of  way  to  lands 401  101 

Suits  for  recovery  of  lands 402  102 

Suits   for   recovery,  answer   to 403  102 

Suits  for  recovery,  judgment   for   damages 405  102 

Suits   for   recovery,   verdict   for   damages 404  102 

Frontage    tax    authorized 416  105 

Assessment   of   frontage   tax 417  105 

Hydrants,  council  may  direct   location   of 413  104 

Petitions   for   new   mains    exceptions 427  107 

Rates   must   be   adequate — neglect   to    collect 421  106 

Real    estate,   term    defined 426  107 

Receipts    kept    separate 173  40 

Resurvey    and    relocations 40'^  103 

Rights   of  way   and   easements,   peramount 423  107 

Street   grades,   change   of,   damages   for 414  104 

Streets,  roads,  etc.,  board  may  use 411  104 

Unauthorized  use   of  water 409  103 

Water  for  city,  shall  be  paid  for 413  104 

Water   for  street   sprinkling  and   cleaning 413  104 

Water  rates  a  continuing  lien 413  104 

Water    regulations    and    rates 413  104 

Willful   damage  to  works,   penalty 408  103 

Willful  acts  to  divert  or  corrupt   water,  etc 410  104 

WEIGHTS  AND  MEASURES,  inspector  of 361  92 

WORKHOUSE,  annual  fund  for P.  11  167  37 

Board   of   directors   to   control 655  165 

Appointments,    terms,    vacancies 656  165 

Officers    of    board 660  166 

Powers    of    board 657  165 

Secretary    election    and    duties 660  106 

Statement   to   council,   semi-annually ,  660  166 

Commitments   and   discharges,   report   of 668  167 

Escape   from,   how   punished 659  166 

Establishment    of 654  165 

Prisoners,   to   be   sentenced   to 658  165 

Compensation   for   care   of 665  167 

Record   to   be   kept 668  167 

Prisoners  from  other  counties 662  166 

Prisoners   from   other   states ' 666  167 

Sheriff  and  constable   fees 664  167 

Superintendent,    duties    of 661  166 


